Document ID: chunk:federal_register_of_legislation:C2025C00189:clause:2_189
Version: federal_register_of_legislation:C2025C00189
Segment Type: clause
Provision Reference: sch 2 cl 189
Character Range: 2670531–2671436

189  Termination charges
 (1) A supplier of 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 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.