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Consumer Protection (Fair Trading) (Opt-Out Practices) Regulations 2009

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—(1) A consumer who pays for unsolicited goods or services may give to the supplier a demand, in writing, for a refund of any payment made for the goods or services if the consumer did not expressly acknowledge to the supplier in writing his or her intention to accept and pay for the goods or services.(2) A demand under paragraph (1) is sufficient if it indicates, in any way, the intention of the consumer to demand a refund of a payment made for unsolicited goods or services.(3) A demand under paragraph (1) must be made within 12 months after the payment sought to be refunded was made.(4) Within 60 days after the supplier receives a demand under paragraph (1), the supplier must refund to the consumer the payment received for the unsolicited goods or services.(5) Subject to paragraph (6), a breach of paragraph (4) is actionable as a breach of statutory duty in a court.(6) The value of the claim in an action under paragraph (5) must not exceed $30,000.(7) No action under paragraph (5) may be commenced later than 12 months from the date that the demand for a refund was made.

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