Part 4: Consumer rights and disputes General and miscellaneous provisions Section 272: Information and notices: timing and burden of proof
This section specifies the timing and burden of proof for information and notices that are given (or required to be given) under Part 4 Chapter 2.
	Subsection (1) specifies that this section applies in relation to the entire chapter relating to subscription contracts.
	Subsection (2) specifies that for electronic communication of notices or information sent by a trader to a consumer, delivery timing is deemed as instantaneous.
	Subsection (3) clarifies that subsection (2) applies even if the consumer does not receive the notice if that was due to a reason beyond the trader’s control.
	Subsection (4) provides that subsection (5) applies to determine whether the consumer has effectively exercised their statutory cancellation rights conferred by this Chapter, or their contractual rights to end the contract, by having given notice within the specified period or by the relevant date.
	Subsection (5) provides that the consumer is to be treated as having given notice within the required period, or before the specified date, if the communication by which the notice is given is sent before the end of that period.
	Subsection (6) specifies that the burden of proof is on the trader in any dispute between the trader and a consumer as to whether any information or notice has been given to the consumer by the trader in accordance with this Chapter.
	Subsection (7) specifies that the burden of proof is on the consumer in any dispute between the consumer and a trader regarding whether a notice to end a contract or cancel it under this Chapter was notified by the consumer to the trader in accordance with the requirements of this Chapter.
	Subsection (8) requires that any information that a trader gives to a consumer under this Chapter must be given in clear and plain language and must be legible if in writing, and audible and comprehensible, if given orally.