Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_272
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 272
Character Range: 386869–388004

272  Damages that may be recovered by action against manufacturers of goods

 (1) In an action for damages under this Division, an affected person in relation to goods is entitled to recover damages for:
  (a) any reduction in the value of the goods, resulting from the failure to comply with the guarantee to which the action relates, below whichever of the following prices is lower:
 (i) the price paid or payable by the consumer for the goods;
 (ii) the average retail price of the goods at the time of supply; and
 (b) any loss or damage suffered by the affected person because of the failure to comply with the guarantee to which the action relates if it was reasonably foreseeable that the affected person would suffer such loss or damage as a result of such a failure.

 (2) Without limiting subsection (1)(b), the cost of inspecting and returning the goods to the manufacturer is taken to be a reasonably foreseeable loss suffered by the affected person as a result of the failure to comply with the guarantee.

 (3) Subsection (1)(b) does not apply to loss or damage suffered through a reduction in the value of the goods.