Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 63

When can the purchaser cancel the agreement?

63. When can the purchaser cancel the agreement?



(1) The purchaser under a contact sales agreement may cancel the agreement by
giving notice of cancellation to the supplier within 10 days from and
including the day on which the agreement was made or within such longer period
as the agreement may provide.

(1A) Without limiting subsection (1), if a supplier or a person acting on
behalf of a supplier represents to the purchaser that the purchaser may cancel
the agreement in a manner other than in accordance with subsection (1), (3) or
(5), the purchaser may cancel the agreement in that manner.

(2) If a contact sales agreement (other than an agreement approved or in a
class approved under section 61(3)) does not comply with section 61(1)(b),
61(1)(c) or 61(1)(i), the purchaser under the agreement may cancel the
agreement by giving notice of cancellation to the supplier within 6 months
from the day on which the agreement was made.

(2A) If a supplier or a person acting on behalf of a supplier does not comply
with sections 62A to 62E in relation to negotiations leading to a contact
sales agreement, the purchaser under the agreement may cancel the agreement by
giving notice of cancellation to the supplier within the period of 3 months
from and including the day on which the agreement was made.

(3) Subject to subsection (1A), a notice of cancellation must be in writing
and may be given in the form of the notice in Part 2 of Schedule 2.

(4) Subsection (3) does not apply to an agreement approved or in a class
approved under section 61(3) if the Director approves a different method of
notice of cancellation in the case of that agreement or class of agreements.

(5) Subject to subsection (1A), a notice of cancellation under this section
may be given-

   (a)  by leaving it at or posting it to the business address of the supplier
        or other address of the supplier shown on the form of notice of
        cancellation accompanying the agreement; or

   (b)  by faxing it to the facsimile number of the supplier shown on that
        form; or

   (c)  if the form of notice of cancellation does not accompany the
        agreement, by leaving it at or posting it to the last known place of
        business of the supplier.