Document ID: chunk:federal_register_of_legislation:C2025C00189:clause:2_97
Version: federal_register_of_legislation:C2025C00189
Segment Type: clause
Provision Reference: sch 2 cl 97
Character Range: 2543097–2544059

97  Termination of lay‑by agreements by consumers
 (1) A consumer who is party to a lay‑by agreement may terminate the agreement at any time before the goods to which the agreement relates are delivered to the consumer under the agreement.
 (2) A supplier of goods who is a party to a lay‑by agreement must ensure that the agreement does not require the consumer to pay a charge (a termination charge) for the termination of the agreement unless:
 (a) the agreement is terminated by the consumer; and
 (b) the supplier has not breached the agreement.
Note: A pecuniary penalty may be imposed for a contravention of this subsection.
 (3) A supplier of goods who is a party to a lay‑by agreement must ensure that, if the agreement provides that a termination charge is payable, the amount of the charge is not more than the supplier's reasonable costs in relation to the agreement.
Note: A pecuniary penalty may be imposed for a contravention of this subsection.