Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_96
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 96
Character Range: 172606–173697

96  Lay‑by agreements must be in writing etc.

 (1)  A supplier of consumer goods who is a party to a lay‑by agreement must ensure that:
 (a) the agreement is in writing; and
 (b) a copy of the agreement is given to the consumer to whom the goods are, or are to be, supplied.

Note: A pecuniary penalty may be imposed for a contravention of this subsection.

 (2) A supplier of consumer goods who is a party to a lay‑by agreement must ensure that the agreement is transparent.

 (3) A lay‑by agreement is an agreement between a supplier of consumer goods and a consumer for the supply, in trade or commerce, of the consumer goods on terms (whether express or implied) which provide that:
 (a) the goods will not be delivered to the consumer until the total price of the goods has been paid; and
 (b) the price of the goods is to be paid by:
 (i) 3 or more instalments; or
 (ii) if the agreement specifies that it is a lay‑by agreement—2 or more instalments.

 (4) For the purposes of subsection (3)(b), any deposit paid by the consumer for the consumer goods is taken to be an instalment.