Remedy for supply of goods in contravention of certain provisions
77 Remedy for supply of goods in contravention of certain provisions
This section applies if—
goods are supplied to a person in contravention of section 106 or 118 of the ACL, or
goods are supplied to a person and the supply of the goods is an offence under section 194 or 197 of the ACL (whether or not there has been a conviction for the offence).
The person to whom the goods were supplied may recover from the supplier as a debt any money paid for the goods.
If judgment is given for the plaintiff in an action under subsection (2), the judgment debt may, if the court so directs, be satisfied by repair or modification of the goods in such a manner that—
the contravention relied on by the plaintiff would not have occurred if the goods had been supplied as repaired or modified, or
the repaired or modified goods are accepted by the plaintiff on or before a day specified in the direction.
This Act’s bill:Explanatory memorandum
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