Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_82:p1
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 82 (pt 1/2)
Character Range: 157931–160652

82  Terminating an unsolicited consumer agreement during the termination period

 (1) The consumer under an unsolicited consumer agreement may, during the period provided under subsection (3), terminate the agreement by indicating, in an oral or written notice to the supplier under the agreement, an intention to terminate the agreement.

 (2) A right of termination under this section may be exercised:
 (a) despite affirmation of the agreement by the consumer; and
 (b) even though the agreement has been fully executed.

 (3) The period during which the consumer may terminate the agreement is whichever of the following periods is the longest:
 (a) if the agreement was not negotiated by telephone—the period of 10 business days starting at the start of the first business day after the day on which the agreement was made;
 (b) if the agreement was negotiated by telephone—the period of 10 business days starting at the start of the first business day after the day on which the consumer was given the agreement document relating to the agreement;
 (c) if one or more of the following were contravened in relation to the agreement:
 (i) section 73 (permitted hours for negotiating an unsolicited consumer agreement);
 (ii) section 74 (disclosing purpose and identity);
 (iii) section 75 (ceasing to negotiate on request);
  the period of 3 months starting at the start of the first day after the day on which the agreement was made or, if the agreement was negotiated by telephone, the agreement document was given;
 (d) if one or more of the following were contravened in relation to the agreement:
 (i) section 76 (informing consumer of termination period);
 (ii) a provision of Subdivision C (requirements for unsolicited consumer agreements);
 (iii) section 86 (prohibition on supplies for 10 business days);
  the period of 6 months starting at the start of the first day after the day on which the agreement was made or, if the agreement was negotiated by telephone, the agreement document was given;
 (e) such other period as the agreement provides.

 (4) If the notice under subsection (1) is written, it may be given:
 (a) by delivering it personally to the supplier; or
 (b) by delivering it, or sending it by post, in an envelope addressed to the supplier, to the supplier's address referred to in section 79(d)(iv); or
 (c) if the supplier has an email address—by sending it to the supplier's email address referred to in section 79(d)(v); or
 (d) if the supplier has a fax number—by faxing it to the supplier's fax number referred to in section 79(d)(vi).

 (5) A notice under subsection (1) sent by post to a supplier is taken to have been given to the supplier at the time of posting.

 (6) There are