Document ID: chunk:federal_register_of_legislation:C2020A00135:clause:3_12dt
Version: federal_register_of_legislation:C2020A00135
Segment Type: clause
Provision Reference: sch 3 cl 12DT
Character Range: 49722–51251

12DT  Right of return and refund for add‑on insurance product sold in contravention of section 12DQ
 (1) If a person (the first person) contravenes a subsection of section 12DQ in relation to an add‑on insurance product sold (whether by the first person or by any other person) to another person (the customer), the customer has a right of return and refund exercisable at any time during the period starting when the product was sold and ending:
 (a) if, under section 1019B of the Corporations Act 2001, the customer has a right to return the product within a particular period—1 month after the end of that period; or
 (b) otherwise—1 month and 14 days after the product was sold.
 (2) If the add‑on insurance product is returned under subsection (1):
 (a) if the product is constituted by a legal relationship between the customer and any other person—by force of this section, that relationship is terminated, with effect from the time of the return, without penalty to the customer; and
 (b) by force of this section, any contract for the acquisition of the product by the customer is terminated, with effect from the time of the return, without penalty to the customer.
 (3) The amount of a refund paid under subsection (1) in relation to an add‑on insurance product:
 (a) must be the entire amount paid for the product; but
 (b) may be reduced by any amount paid as a result of a claim under the product.
 (4) This section applies in addition to any other penalties for or in relation to contraventions of section 12DQ.