Victorian Current Acts

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AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 - SECT 99

Person may withdraw from agreement within 3 days without penalty

    (1)     A person who has entered into an introduction agreement may withdraw from the agreement at any time before the expiration of 3 clear business days after he or she receives a copy of the signed agreement.

    (2)     To do this, the person must within that time—

        (a)     give, or cause to be delivered to, the introduction agent; or

        (b)     leave at the address shown as the agent's address in the agreement; or

        (c)     send by facsimile or by other electronic means to the agent—

a written notice signed by the person that states that he or she withdraws from the agreement.

    (3)     If a person withdraws from an agreement under this section—

        (a)     the introduction agent is entitled to $250 (or any other amount fixed by the regulations) or 10% of the total amount that is to be paid to the agent under the agreement (whichever is the lower amount); and

        (b)     the agent must refund all money paid to the agent under the agreement by (or on behalf of) the person (other than any amount the agent is entitled to under paragraph (a)); and

        (c)     the person is not liable to the agent in any way for withdrawing from the agreement (regardless of anything to the contrary in the agreement).

    (4)     An introduction agent who must refund money to a person under subsection (3)(b) must do so within 7 days after receiving the notice of withdrawal.

Penalty:     240 penalty units.

Part 5.2—Liability of accommodation providers



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