Queensland Consolidated Acts Queensland Consolidated Acts(1) Before any hire-purchase agreement is entered into in respect of any goods the owner or, if there is a dealer, the dealer shall give or cause to be given to the prospective hirer a written statement duly completed in accordance with the form in schedule 1.
(1A) However, where the agreement is entered into by way of acceptance by the owner of a written offer signed by or on behalf of the hirer, the provisions of subsection (1) shall be deemed not to have been complied with unless the written statement was given to the prospective hirer before the written offer was so signed.
Form and contents of hire-purchase agreements
(2) Every hire-purchase agreement--
(a) shall be in writing; and
(b) shall be signed by or on behalf of the hirer and all other parties to the agreement; and
(c) shall--
(i) specify a date on which the hiring shall be deemed to have commenced; and
(ii) specify the number of instalments to be paid under the agreement by the hirer; and
(iii) specify the amount of each of those instalments and the person to whom and the place at which the payments of those instalments are to be made; and
(iv) specify the time for the payment of each of those instalments; and
(v) contain a description of the goods sufficient to identify them; and
(d) where any part of the consideration is or is to be otherwise than in cash--shall contain a description of that part of the consideration; and
(e) shall set out in a tabular form--
(i) the price at which at the time of signing the agreement the hirer might have purchased the goods for cash (in this Act called and in the agreement to be described as cash price); and
(ii) the amount paid or provided by way of deposit (in this Act called and in the agreement to be described as deposit) showing separately the amount paid in money and the amount provided by a consideration other than money; and
(iii) any amount included in the total amount payable for maintenance of the goods (in this Act called and in the agreement to be described as maintenance); and
(iv) any amount included in the total amount payable to cover the expenses of delivering the goods or any of them to or to the order of the hirer (in the agreement to be described as freight); and
(v) any amount included in the total amount payable to cover vehicle registration fees (in the agreement to be called vehicle registration fees); and
(vi) any amount included in the total amount payable for insurance other than third-party insurance (in this Act called and in the agreement to be described as insurance); and
(vii) the total of the amounts referred to in subparagraphs (i), (iii), (iv), (v), and (vi) less the deposit; and
(viii) the amount of any other charges included in the total amount payable (in this Act called and in the agreement to be described as terms charges); and
(ix) the total of the amounts referred to in subparagraphs (vii) and (viii) (in this Act called the balance originally payable under the agreement); and
(x) the total amount payable.
(4) An owner who enters into a hire-purchase agreement that does not comply with subsection (2) shall be guilty of an offence against this Act.
(5) Without affecting the liability of any person to be convicted of an offence against this section, where a provision of this section has not been complied with in relation to a hire-purchase agreement (not being a failure to comply with subsection (2)(a)), the liability of the hirer shall be reduced by the amount included in the hire-purchase agreement for terms charges.
(5A) Such amount may be set off by the hirer against any amount that would otherwise be due or which becomes due to the owner under the agreement and, to the extent to which the reduction in the liability of the hirer is not satisfied by such set off, recovered by the hirer from the owner by action as for a debt.
(6) A hire-purchase agreement that is not in writing shall not be enforceable by the owner and all right, title and interest of the owner to or in the goods comprised in the hire-purchase agreement and any right of action in the owner under the hire-purchase agreement shall absolutely cease and determine.