Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_189
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 189
Character Range: 282717–283647

189  Termination charges

 (1) A supplier of consumer goods who is a party to a lay‑by agreement commits an offence if the agreement requires the consumer to pay a termination charge.

Penalty:
 (a) if the person is a body corporate—$30,000; or
 (b) if the person is not a body corporate—$6,000.

 (2) Subsection (1) does not apply if the termination charge is payable only if:
 (a) the agreement is terminated by the consumer; and
 (b) the supplier has not breached the agreement.

 (3) A supplier of consumer goods who is a party to a lay‑by agreement commits an offence if:
 (a) the agreement provides that a termination charge is payable; and
 (b) the amount of the charge is more than the supplier's reasonable costs in relation to the agreement.

Penalty:
 (a) if the person is a body corporate—$30,000; or
 (b) if the person is not a body corporate—$6,000.

 (4) Subsections (1) and (3) are offences of strict liability.