Cooling-off and cancelling unsolicited contracts

Consumers have 10 business days to reconsider an unsolicited consumer agreement, during which they can cancel the agreement without penalty. This is called the ‘cooling-off’ period.

During the 10 business day cooling-off period, the supplier must not accept any payment or supply any services relating to the agreement. Goods or services supplied during the cooling-off period are considered unsolicited supplies.

Goods priced up to $500 may be supplied to a consumer during that period. However, a supplier must not:

Commercial tenancy agreements

Consumer Protection administers the Commercial Tenancy (Retail Shops) Agreements Act 1985 which regulates retail shop tenancies. The Act principally focuses on the need for transparency of information and fairness in the contract.

The following information is not a comprehensive statement of the laws or a substitute for expert opinion. It is vital however, for all parties involved in retail shop leasing such as tenants, property owners and commercial property managers to be informed about these laws.

Penalties and Infringements - Motor vehicle dealers

The Motor Vehicle Dealers Act imposes serious obligations on licensed dealers, yard managers and salespersons and the way they operate their business. Failing to meet those obligations can result in the Department prosecuting offending licence holders before a Court, or initiating disciplinary action against them in the State Administrative Tribunal, or giving them an infringement notice.

Elements of a Valid Appointment to Act Real Estate and Business Agents

The following is a summary of the requirements under the Real Estate and Business Agents Act 1978 (the Act), the Real Estate and Business Agents (General) Regulations 1979 (the Regulations) and the Real Estate and Business Agents and Sales Representatives Code of Conduct 2016 (the Code of Conduct), which an agent must comply with in order to have a valid appointment to act.  A valid appointment to act enables the agent to receive remuneration and or recover expenses as agreed with the principal for the services provided.