Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 67H

When and how can the purchaser cancel the agreement?

67H. When and how can the purchaser cancel the agreement?



(1) Subject to subsection (2), a purchaser under a telephone marketing
agreement may cancel that agreement by giving notice of cancellation to the
supplier or a person acting on behalf of the supplier within 10 days from and
including the day on which the purchaser receives the agreement document and
the notice completed in accordance with Part 2 of Schedule 2 or within such
longer period as the agreement may provide.

(2) In relation to a telephone marketing agreement for the supply of raffle or
other lottery tickets, the right of the purchaser to cancel the agreement
under subsection (1) does not apply on or after the date of the drawing of the
raffle or other lottery.

(3) Despite subsection (1), the purchaser under the telephone marketing
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 if the
supplier or a person acting on behalf of the supplier does not comply with
section 67E(1) or 67E(3)(b)(i).

(4) A notice of cancellation may be given in the form of the notice in Part 2
of Schedule 2.

(5) Subsection (4) does not apply to an agreement or agreement document
approved or in a class approved under section 67E(5) if the Director approves
a different method of notice of cancellation in the case of that agreement or
document.





(6) A notice of cancellation under this section may be given-

   (a)  if a form of notice of cancellation accompanied the agreement
        document-

   (i)  by leaving it at or posting it to the business address of the supplier
        or other address of the supplier shown on that form; or

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

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

   (c)  by telephoning the supplier or the person acting on behalf of the
        supplier with whom the negotiations were conducted.

(7) In this section, raffle, lottery and ticket have the same meanings as in
section 1.3 of the Gambling Regulation Act 2003.