Queensland Consolidated Acts

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GAS SUPPLY ACT 2003 - SECT 270ZJB

270ZJB Compliance with particular requirements under Australian Consumer Law (Queensland) for unsolicited consumer agreements

(1) This section applies if—

(a) a retailer enters into, or proposes to enter into, a negotiated retail contract with a small customer; and
(b) the contract is, or would if entered into be, an unsolicited consumer agreement under the Australian Consumer Law (Queensland); and
(c) an industry code applies to the contract.

(2) The contract is taken to comply with any requirement applying under section 79(b) (paragraph (b)) of the Australian Consumer Law (Queensland) (ACL(Q)) for informing the customer of the termination period applying to the contract under ACL(Q) if a statement included in the contract, as otherwise required under paragraph (b), states the cooling-off period that the industry code requires for the contract instead of the termination period applying under ACL(Q).

(3) The requirements under section 79 of ACL(Q) for the notices mentioned in section 79(b) and (c) of ACL(Q) are taken to have been complied with if—

(a) the customer is given a notice (a substitute notice) by or for the retail entity in relation to the entering into of the contract, as required under the industry code; and
(b) the substitute notice complies with—
(i) all requirements under the industry code about explaining the customer's right to rescind the contract; and
(ii) the requirements for a notice or notices stated in section 79(b)(ii) and (iii) and (c)(ii); and
(c) the substitute notice gives all information that is relevant to the goods or services to be provided under the contract.

(4) However, the substitute notice need not comply with any requirement otherwise applying under ACL(Q) for the substitute notice to be separate from, and not attached to, any other document.



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