NSW Fair Trading Act 1987 Sch2-fitness: Fitness services: refund if pre-paid service not provided within three months; pre-paid fees held in trust

A supplier of fitness services who receives a pre-paid fee must refund it if the service is not commenced within three months (Schedule 2 clause 35), the consumer may terminate the agreement if the service has not commenced (clause 36), civil consequences follow (clause 37), pre-paid fees for services to commence more than a specified period ahead must be held in a trust account until the service commences (clause 38), and the Supreme Court may grant injunctions and penalty notices may issue (clauses 39, 40). These provisions were carried into Schedule 2 on the repeal of the Fitness Services (Pre-paid Fees) Act 2000 and continue to bind fitness service suppliers.