Actions in respect of Consumer Protection

Nature of action	Time Limit Period	Legislation	Provision
Terminating an unsolicited consumer agreement during the termination period.	The period during which the consumer may terminate the agreement is whichever of the following periods is the longest: · 10 business days; or · 3 months if the agreement was negotiated outside of permitted hours, the seller failed to disclose purpose/identity or failed to cease negotiating on request. · 6 months if seller failed to inform consumer of termination period, requirements for unsolicited consumer agreements or contravened cooling off period. · such other period as the agreement provides.	Schedule 2, s 82 of the Competition and Consumer Act 2010 (Cth)	(1) The consumer under an unsolicited consumer agreement may, during the period provided under subsection (3), terminate the agreement by indicating, in an oral or written notice to the supplier under the agreement, an intention to terminate the agreement. (2) A right of termination under this section may be exercised despite affirmation of the agreement by the consumer, and even though the agreement has been fully executed. (3) The period during which the consumer may terminate the agreement is whichever of the following periods is the longest: 1. if the agreement was not negotiated by telephone—the period of 10 business days starting at the start of the first business day after the day on which the agreement was made; 2. if the agreement was negotiated by telephone—the period of 10 business days starting at the start of the first business day after the day on which the consumer was given the agreement document relating to the agreement; 3. if one or more of the following were contravened in relation to the agreement: i. s 73 Australian Consumer Law (permitted hours for negotiating an unsolicited consumer agreement); ii. s 74 Australian Consumer Law (disclosing purpose and identity); iii. s 75 Australian Consumer Law (ceasing to negotiate on request); the period of 3 months starting at the start of the first day after the day on which the agreement was made or, if the agreement was negotiated by telephone, the day the agreement document was given; 4. if one or more of the following were contravened in relation to the agreement: i. s 76 Australian Consumer Law (informing consumer of termination period); ii. a provision of Subdivision C (requirements for unsolicited consumer agreements); iii. s 86 Australian Consumer Law (prohibition on supplies for 10 business days); the period of 6 months starting at the start of the first day after the day on which the agreement was made or, if the agreement was negotiated by telephone, the agreement document was given; 5. such other period as the agreement provides.
Unsolicited consumer agreement Prohibition on supplies etc. for 10 business days.	10 business day cooling off period starting if the agreement was not made over the telephone – the first business day after the agreement was made OR if the agreement was made over the phone – at the start of the first business day after the consumer was given the agreement document.	Schedule 2, s 86 of the Competition and Consumer Act 2010 (Cth)	(1) The supplier under an unsolicited consumer agreement must not: 1. supply to the consumer under the agreement the goods or services to be supplied under the agreement; or 2. accept any payment, or any other consideration, in connection with those goods or services; or 3. require any payment, or any other consideration, in connection with those goods or services; during the period of 10 business days starting: 4. if the agreement was not negotiated by telephone—at the start of the first business day after the day on which the agreement was made; or 5. if the agreement was negotiated by telephone—at the start of the first business day after the day on which the consumer was given the agreement document relating to the agreement. (2)-(3) If the supplier supplies goods/services to the consumer in contravention of this section, the consumer has the same rights in relation to the goods/services as if the goods/services were unsolicited goods/services (ss 41-42 deals with unsolicited goods/services). The supplier also commits an offence under Schedule 2, s 179 of the Competition and Consumer Act 2010 (Cth) if they contravene the cooling off period.
Purchase of used car from licensed dealer.	1 business day cooling-off period to cancel contract.	) s 99 Motor Dealers and Chattel Auctioneers Act 2014 (Qld)	(1) Cooling-off period starts on the day the contract is enforceable against the motor dealer. (2) Ends at time of dealer’s COB on the next business day. However, if dealer’s COB is earlier than 5pm, ends at time of dealer’s COB on the following business day; or (3) ends at any earlier time if the person contracting for the purchase of the vehicle takes physical possession of the vehicle for a purpose other than vehicle inspection or test drive.
Purchase of house (other than by auction).	5 business days cooling-off period.	s 166 Property Occupations Act 2014 (Qld)	(1) Cooling-off period starts on the day the buyer receives a copy of the contract from the seller or the first business day after the buyer receives a copy of the contract. Ends at 5pm on the 5th business day. (2) if buyer signs the contract after the seller, buyer is taken to have received a copy of the contract when buyer has both signed and communicated acceptance to the seller.
Action founded on simple or quasi contract or tort where damages do not include personal injuries damages.	6 years from date on which cause of action arose	s 10(1)(a) Limitation of Actions Act 1974 (Qld)	But see s10AA for defamation actions.
Action to enforce recognisance. An action to enforce and award. Action to recover sum recoverable by virtue of any enactment, other than penalty or forfeiture.	6 years from date on which cause of action arose	s 10(1)(b)-(d) Limitation of Actions Act 1974 (Qld)	(1) The following actions shall not be brought after the expiration of 6 years from the date on which the cause of action arose— (b) an action to enforce recognisance; (c) an action to enforce an award, where agreement to arbitrate is not by an instrument under seal; (d) an action to recover a sum recoverable by virtue of an enactment, other than a penalty or forfeiture or sum by way of penalty or forfeiture.
Enforcement of money order.	6 years from order date.	r 799(1) Uniform Civil Procedure Rules 1999 (Qld)	An enforcement creditor may start enforcement proceedings without leave at any time within 6 years after the day the money order is made.
Cooling-off period for introduction agreement with introduction agency.	3 clear business days after receiving copy of signed agreement.	s 58 Introduction Agents Act 2001 (Qld)	A client may end an introduction agreement at any time before 5pm on the third clear business day after the client receives a copy of the signed agreement.
Avoid introduction agreement if agreement voidable (for non-compliance with ss 43 – 45).	Anytime before agreement completed.	s 46(2) Introduction Agents Act 2001 (Qld)	(1) this section applies if – (a) introduction agent does not give a person (client) a pre-contractual disclosure statement before entering into an introduction agreement with the client; or (b) introduction agent gives a pre-contractual statement that does not comply with s 43; or (c) introduction agreement does not comply with s 44; or (d) an introduction agent does not give a client a copy of the introduction agreement in accordance with s 45. (2) Notice to be given to the introduction agent.
Cooling-off period for joining a gym/fitness consultations program.	Cooling-off period starts: · on the day of the membership agreement; OR · where fitness centre not yet open – on opening day. Cooling-off period ends: 48 hours later.	s 14(2) Fitness Trading (Code of Practice — Fitness Industry) Regulation 2003 under the Fair Trading Act 1989 (Qld)	(1) Cooling off period starts: (a) if the client enters into agreement before the fitness centre opens: (i) if the fitness centre opens on that day – on that day; or (ii) if the fitness centre opens on a new opening day and the fitness centre has not opened when the supplier notifies the client of the new opening day—on that day; or (iii) if the fitness centre opens on a new opening day and the fitness centre has opened when the supplier notifies the client of the new opening day—when the client receives notice that the fitness centre has opened; or (b) if the client enters into the agreement with the supplier after the fitness centre opens—the day the client enters into the agreement with the supplier. Must give notice of termination in writing (s24(2) of Fitness Industry Code of Practice (Code of Practice — Fitness Industry) Regulation 2003).
Terminating existing gym/fitness membership agreement on basis of permanent sickness or physical incapacity.	Anytime.	s 25(1) Fitness Trading (Code of Practice — Fitness Industry) Regulation 2003 under the Fair Trading Act 1989 (Qld)	Must give written notice of termination and medical certificate (s25(2) of Fitness Industry Code of Practice (Code of Practice — Fitness Industry) Regulation 2003).
Domestic Building Contracts: Cooling-off period – right of building owner to withdraw from a regulated contract under Schedule 2 of the Queensland Building and Construction Commission Act 1991 (Qld).	5 business day cooling-off period from date of receiving a signed copy of the contract.	Schedule 2 ss 35-39 Queensland Building and Construction Commission Act 1991 (Qld) Domestic Building Contracts Act 2000 (Qld)	(1) The building owner under a regulated contract may withdraw from the contract within 5 business days after the day on which the owner receives a copy of the signed contract from the building contractor. (2)Also, if the building owner under a level 2 regulated contract does not receive the consumer building guide before receiving a copy of the signed contract, the owner may withdraw from the contract within 5 business days after the day on which the owner receives the consumer building guide. (3)If 5 business days have elapsed from the day the contract was entered into and the owner has not received from the building contractor a copy of the signed contract and, for a level 2 regulated contract, the consumer building guide, the owner may withdraw from the contract. (4)Nothing in subsection (3) affects the right of the building owner to withdraw from the contract under subsection (1) or (2) if the owner subsequently receives from the building contractor a copy of the signed contract and, for a level 2 regulated contract, the consumer building guide. Restrictions affecting right of withdrawal are found at Schedule 2 s 36 To withdraw from contract, building owner must give withdrawal notice to the contractor, leave withdrawal notice at building contractor’s address in the contract, or as otherwise provided for in the contract. Rights and obligations in post-withdrawal can be found at Schedule 2 s 38.