Document ID: chunk:federal_register_of_legislation:C2024C00826:clause:1_178
Version: federal_register_of_legislation:C2024C00826
Segment Type: clause
Provision Reference: sch 1 cl 178
Character Range: 1011443–1012436

178  Notice of repossession
 (1) A lessor must not exercise any right under a consumer lease to take possession of goods subject to the lease unless the lessor has given the lessee 30 days' written notice of the lessor's intention to do so.
Criminal penalty: 50 penalty units.
 (2) However, the lessor is not required to give the notice in accordance with this section if:
 (a) the right arises under a lease granted for a fixed term at the end of that term; or
 (b) the lessor believes on reasonable grounds that the lessee has disposed of goods hired under the lease, or intends to dispose of such goods, contrary to the terms of the lease; or
 (c) the lessor has made reasonable attempts to locate the lessee but without success; or
 (d) the lessee is insolvent; or
 (e) the court authorises the lessor to do so.
 (3) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Subdivision B—Termination of consumer lease by lessee