Penalties for breaching your obligation
Maximum civil pecuniary and criminal penalties: $30,000 (body corporate), $6,000 (person)
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Your obligation
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Section of the Competition and Consumer Act Schedule 2 - Australian Consumer Law
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Civil penalty section of the Act
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Criminal penalty section of the Act
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You must ensure a lay-by agreement is in writing and a copy of the agreement is given to the consumer.
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96(1)
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224(3)
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188
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You must ensure the agreement does not require the consumer to pay a termination charge unless: (a) the agreement is terminated by the consumer; and (b) you (the supplier) have not breached the agreement.
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97(2)
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224(3)
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189(1) and (2)
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You must ensure that, if the agreement includes a termination charge, the amount of the charge is not more than your reasonable costs in relation to the agreement.
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97(3)
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224(3)
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189(3)
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You must not terminate a lay-by agreement unless: (a) the consumer breached the agreement; or (b) you are no longer engaged in trade or commerce; or (c) the products to which the agreement relates are no longer available.
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98
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224(3)
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190
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If a lay-by agreement is terminated, you must refund to the consumer all the payments they have made under the agreement, other than any termination charge that is payable under the agreement.
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99(1)
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224(3)
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191
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