Making and content of consumer guarantee directions
3 Making and content of consumer guarantee directions
The Secretary may resolve a dispute to which an application under clause 2 relates by making a consumer guarantee direction.
The Secretary may, by notice in writing given to a supplier, direct the supplier—
to repair a good, or
to replace a good, or
to refund to the consumer concerned—
any money paid by the consumer for a good, and
an amount that is equal to the value of any other consideration provided by the consumer for a good.
A consumer guarantee direction must specify the period within which the direction must be complied with. However, the consumer guarantee direction must not specify—
a period of less than 28 days, and
a period of more than 90 days without the agreement of the consumer and supplier concerned.
A consumer guarantee direction to repair or replace a consumer good must also direct that, if the good is not repaired or replaced within the specified time, the supplier is to immediately refund to the consumer—
any money paid by the consumer for the good, and
an amount that is equal to the value of any other consideration provided by the consumer for the good.
A consumer guarantee direction must specify the total amount that is to be refunded to the consumer under subclause (2) (c) or (4), as relevant.
This Act’s bill:Explanatory memorandum
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