Australian Capital Territory Repealed Acts

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This legislation has been repealed.

LAY-BY SALES AGREEMENTS ACT 1963 (REPEALED) - SECT 16

How buyer may determine lay-by sale agreement

    (1)     A buyer under a lay-by sale agreement may, at any time before the lay-by sale agreement is completed or determined, determine the lay-by sale agreement by serving, at the place of business of the seller, written notice of his or her intention to determine the
lay-by sale agreement and, if the buyer so serves such a notice, the lay-by sale agreement shall be determined from the date of service of the notice, or, if a date later than the date of service is specified in the notice as the date when the lay-by sale agreement shall be determined, from that later date.

    (2)     If—

        (a)     the buyer has served a notice under subsection (1); and

        (b)     the buyer has served on the seller a request that the seller give him or her a statement under this subsection; and

        (c)     the buyer has paid or tendered to the seller the sum of 20 cents;

the seller shall, within 7 days after receiving the request, make available to the buyer a statement signed by the seller stating—

        (d)     the purchase price of the goods under the lay-by sale agreement; and

        (e)     the amount of the storage charge (if any) at the date when it is intended to determine the lay-by sale agreement; and

        (f)     the total amount of money paid, or the value of any other consideration provided, towards the purchase price by the buyer; and

        (g)     the amount that the seller estimates is sufficient to recoup him or her for selling costs in relation to the lay-by sale agreement; and

        (h)     the balance payable by the buyer to complete the lay-by sale agreement; and

              (i)     the balance (if any) that the seller estimates to be the amount to be due, under section 17, to the buyer or to the seller.

Maximum penalty: 20 penalty units.

    (3)     This section does not prejudice any right a buyer has under a lay-by sale agreement to determine the lay-by sale agreement otherwise than under this section.



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