Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 67M

What if the telephone marketing agreement is void for lack of explicit informed consent?

67M. What if the telephone marketing agreement is void for lack of explicit
informed consent?



(1) If a telephone marketing agreement and any related contract or instrument
(the purported agreement) are void under section 67D-

   (a)  the supplier must repay to the purchaser any money paid by the
        purchaser under the purported agreement; and

Note Section 67D(3) operates to ensure that section 67D(2) does not affect the
operation of the Consumer Credit (Victoria) Code in its application to a tied
loan contract as defined in that Code.

   (b)  the supplier must return to the purchaser any goods taken as a
        trade-in under or in respect of the purported agreement; and

   (c)  the goods must be returned in a condition substantially as good as
        when the goods were taken; and

   (d)  if the supplier has disposed of the goods taken as a trade-in under or
        in respect of the purported agreement, the supplier must pay to the
        purchaser the reasonable cost of replacing the goods; and

   (e)  the supplier under the purported agreement may apply to the Tribunal
        for an order that-

   (i)  the purchaser must return goods provided to the purchaser by the
        supplier under the purported agreement;

   (ii) the purchaser must pay to the supplier a reasonable amount (to be
        determined by the Tribunal) for goods or services provided by the
        supplier under the purported agreement;

   (iii) the supplier may keep any money paid by the purchaser for goods or
        services under the purported agreement.

(2) The Tribunal may only make an order under this section if it is satisfied
that, in all the circumstances, it is just to do so.

Division 3-Non-contact sales agreements