Fair Trading Act 1986

Consumer transactions and auctions - Layby sales

36B: Meaning of layby sale agreement

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"What is a layby sale agreement?"

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When you buy something on a layby sale agreement, it means you are making a deal with the seller to pay for the goods in parts. You will not get the goods until you have paid all or some of the total price. You pay the price in 3 or more parts, or 2 or more parts if the agreement says it is a layby sale agreement. If the goods cost more than $60,000, or the amount specified in section 10(1A)(b) of the Disputes Tribunal Act 1988, it is not a layby sale agreement. When you pay a deposit for the goods, it counts as one of the parts. This helps you understand what a layby sale agreement is when you are buying something.

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36C: Disclosure requirements relating to layby sale agreement, or

"Rules for sellers when making a layby sale agreement"

Part 4AConsumer transactions and auctions
Layby sales

36BMeaning of layby sale agreement

  1. In this subpart, layby sale agreement means an agreement (whether or not described as a layby sale agreement) between a supplier and a consumer for the supply of goods on terms (whether express or implied) that provide that—

  2. the consumer will not take possession of the goods until all or a specified portion of the total price of the goods has been paid; and
    1. the price of the goods is to be paid by—
      1. 3 or more instalments; or
        1. if the agreement specifies that it is a layby sale agreement, 2 or more instalments.
        2. However, a layby sale agreement does not include an agreement for the supply of goods that have a purchase price that is more than $60,000 or, if greater, the amount specified in section 10(1A)(b) of the Disputes Tribunal Act 1988.

        3. For the purposes of subsection (1)(b), a deposit paid by the consumer for the goods is an instalment.

        4. Repealed
        5. Repealed
        Notes
        • Section 36B: inserted, on , by section 23 of the Fair Trading Amendment Act 2013 (2013 No 143).
        • Section 36B(2): amended, on , by section 10 of the Disputes Tribunal Amendment Act 2025 (2025 No 60).
        • Section 36B(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 36B(4): repealed, on , by section 57 of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
        • Section 36B(5): repealed, on , by section 57 of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).