New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 46

46 Certain amounts recoverable as debt or damages

(1) If a supplier fails to carry out an undertaking given under section 123 (1) (c) of the ACL to refund the price of goods, the amount that should have been refunded is recoverable as a debt due by the supplier to the person to whom the undertaking was given.

(2) If a supplier fails to carry out an undertaking given under section 123 (1) (c) of the ACL to repair or replace goods, the supplier is taken to have given instead an undertaking, notified under section 123 (1) (c) of the ACL, to refund the price of the goods within the period specified for the repair or replacement of the goods.

(3) If--

(a) a person--

(i) fails to comply with a requirement of a recall notice, or

(ii) supplies goods in contravention of a recall notice identifying a defect in, or dangerous characteristic of, the goods, and

(b) another person suffers loss or damage--

(i) because of a defect in, or dangerous characteristic of, the goods, or

(ii) by not having particular information as to a characteristic of the goods,

the person who suffered the loss or damage is, for the purposes of this Act, taken to have suffered the loss or damage because of the failure or contravention.