Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p43
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 103190–105835

the goods;
     (b) in the case of a rescission effected by service of a notice, after the delivery of the goods to the consumer but before the notice is served—
       (i) the goods were disposed of by the consumer, were lost, or were destroyed otherwise than by reason of a defect in the goods;
       (ii) the consumer caused the goods to become unmerchantable or failed to take reasonable steps to prevent the goods from becoming unmerchantable; or
       (iii) the goods were damaged by abnormal use; or
     (c) in the case of a rescission effected by return of the goods, while the goods were in the possession of the consumer—
       (i) the consumer caused the goods to become unmerchantable or failed to take reasonable steps to prevent the goods from becoming unmerchantable; or
       (ii) the goods were damaged by abnormal use.
"(3) Where a contract for the supply of goods by a corporation to a consumer has been rescinded in accordance with this section—
     (a) if the property in the goods had passed to the consumer before the notice of rescission was served on, or the goods were returned to, the corporation—the property in the goods re-vests in the corporation upon the service of the notice or the return of the goods; and
     (b) the consumer may recover from the corporation, as a debt, the amount or value of any consideration paid or provided by him for the goods.
"(4) The right of rescission conferred by this section is in addition to, and not in derogation of, any other right or remedy under this Act or any other Act, any State Act, any law of a Territory or any rule of law.".
45. Before section 76 of the Principal Act the following section is inserted in Part VI:—

Interpretation.
"75b. A reference in this Part to a person involved in a contravention of a provision of Part IV or V shall be read as a reference to a person who—
(a) has aided, abetted, counselled or procured the contravention;
     (b) has induced, whether by threats or promises or otherwise, the contravention;
     (c) has been in anyway, directly or indirectly, knowingly concerned in, or party to, the contravention; or
     (d) has conspired with others to effect the contravention.".

Pecuniary penalties.
46. Section 76 of the Principal Act is amended by adding at the end thereof the following sub-section:—
"(2) Nothing in sub-section (1) authorizes the making of an order against a person not being a body corporate by reason that the person has contravened or attempted to contravene, or been involved in a contravention of, section 45d.".

Offences against Part V.
47. (1) Section 79 of the Principal Act is amended—
     (a)