6 (b). You said that, if the consumer enters into a properly conducted unsolicited consumer agreement, they cannot avoid the transaction if they later regret entering into it. That's wrong. Section 82 of the ACL gives a consumer who has entered into an unsolicited consumer agreement the right to terminate that agreement within specified periods of time if they wish to do so.

The specified periods depend on how the agreement was made. If the agreement was not negotiated by telephone, termination must take place within 10 business days after the day on which the agreement was made. If the agreement was negotiated by telephone, termination must take place within 10 business days of the consumer receiving their copy of the agreement.

Longer periods for termination are allowed in special circumstances. Longer periods for termination are allowed in special circumstances. For example, under s 82(3)(c) the consumer has three months in which to terminate the agreement if the dealer approached the consumer outside of the permitted hours, or failed to disclose their purpose or identity, or did not cease to negotiate at the consumer's request. In other circumstances s 82(3)(d) allows a period of six months.

The consumer may bring about the termination of the agreement by informing the supplier of their decision, orally or in writing. They can do this even if the agreement has been carried out in whole or in part. The effect of termination is to rescind (cancel) the agreement. The consumer must return any goods received to the supplier (which can be done simply by notifying the supplier where they can be collected) and the supplier must refund any money paid by the consumer. The consumer is liable for any damage to the goods for which they are responsible, but not for reasonable wear and tear.

If, after termination, the supplier fails to collect the goods within 30 days, they become the property of the consumer.