AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 26 When does a discharge or rescission have effect?

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 26

    (1)     If a purchaser purports to discharge or rescind a contract of supply of goods, the purported discharge or rescission has effect only if—

        (a)     the supplier is aware that the purchaser treats the contract as at an end, whether by reason of the return of the goods to the supplier or by reason of any other information which comes to the knowledge of the supplier; or

        (b)     if the purchaser is unable, due to the conduct or omission of the supplier, after taking reasonable steps, to inform the supplier or to cause the supplier to become aware that the purchaser treats the contract as at an end—

              (i)     the purchaser treats the contract as at an end; and

              (ii)     by the purchaser's conduct, shows unequivocally that the purchaser treats the contract as at an end.

    (2)     This section does not apply to a rejection under the Australian Consumer Law (Victoria).