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Door-to-door and phone sales of home batteries: your 10-business-day right to cancel and red flags
Australian Consumer Law rules for batteries sold at your door or by unsolicited phone call — permitted hours, the 10 business day termination period, no payment, and how to cancel.
If a home battery is sold to you at your door, or after an unsolicited phone call, and the price is over $100 (or not set at the time), the agreement is usually an unsolicited consumer agreement under the Australian Consumer Law (ACL). You then have a 10 business day termination period to cancel for any reason, starting the day after you sign. During that period the seller must not take any payment or start the installation. The salesperson must tell you who they are and why they are there, leave when you ask, only call at permitted hours, and give you a copy of the agreement with a termination notice. If they break key rules, the termination period can be longer. There is no "free battery" under the federal Cheaper Home Batteries Program, so treat that pitch as a red flag.
For the full list of who to contact, see where to get help.
When the rules apply
The ACL treats an agreement as unsolicited when the seller (or someone on their behalf) approached you uninvited — at your home, in a public place or by phone — and the agreement was made as a result. Common battery examples:
| Situation | Likely covered? |
|---|---|
| Salesperson knocks and you sign that day | Yes |
| Cold call, then a quote emailed and accepted | Usually yes |
| Salesperson at a shopping centre stand approaches you | Often yes, if the agreement results from that approach |
| You contacted the installer and invited them to quote | Generally no; ordinary contract terms and consumer guarantees still apply |
| Online sign-up after you searched for installers | Generally no |
Even when the special rules don't apply, consumer guarantees and the ban on misleading conduct do. See warranties and consumer guarantees.
The main rules for door-to-door and phone sellers
These are in Part 3-2, Division 2 of the ACL (Schedule 2 to the Competition and Consumer Act 2010).
| Rule | What it means |
|---|---|
| Permitted hours (s 73) | No door-knocking on Sundays or public holidays, before 9 am, or after 6 pm on weekdays (5 pm on Saturdays), unless you agree |
| Disclose purpose and identity (s 74) | They must say early on that they want to sell you something and who they are |
| Leave on request (s 75) | They must leave immediately if asked, and not come back for at least 30 days for the same purpose |
| Tell you about termination rights (s 76) | Before the agreement is made |
| Give you the agreement (ss 78–80) | A copy with the full terms, the supplier's details and a termination notice form |
| Termination period (s 82) | 10 business days from the day after you sign; extended to 3 months if the seller broke the hours, disclosure or leave-on-request rules, and to 6 months if they didn't tell you about your termination rights, gave a non-compliant agreement or supplied during the period |
| No supply or payment (s 86) | No installation, and no payment taken, during the termination period |
"Do Not Knock" signs matter too: the ACCC says salespeople must treat such a sign as a request to leave, and the Federal Court has penalised a business for ignoring one, so a salesperson who knocks anyway risks breaching the leave-on-request rule.
How to cancel
- Write a notice. Use the termination form the seller gave you, or write a short letter or email: "I am terminating the agreement dated [date] under the Australian Consumer Law."
- Send it within 10 business days. Business days exclude weekends and public holidays. Email is usually accepted if an address is listed; keep a copy and proof of sending.
- Expect a refund of anything paid. If any money was taken, the seller must refund it.
- Related contracts end too. Under s 83, if you terminate, the agreement is treated as rescinded and related contracts or instruments (for example a guarantee, or a mortgage or charge in favour of the seller) are void. Tied credit arranged through a lender linked to the seller is excluded from s 83 and handled under the National Credit Code, so write to the lender too and keep a copy.
- If the seller refuses, contact your state fair trading agency.
Red flags in battery sales pitches
| Pitch | Why it's a red flag |
|---|---|
| "The government is giving you a free battery" | The federal program is a discount through STCs, not a free product |
| "The rebate ends tomorrow" | Factor changes are on published dates (for example 1 January 2027); check the CER table |
| "We're from the government / your electricity company" | Misrepresenting affiliation is misleading conduct |
| A large deposit taken at the door | Prohibited during the termination period for unsolicited agreements |
| Battery size picked without seeing your bills | Retailers must size for your use |
| Finance arranged on a tablet on the spot | Two contracts at once, under pressure |
| No named installer, or no SAA accreditation | You can't check who will do the work |
The CER has said it will report retailers who breach their obligations to fair trading bodies, and Scamwatch collects reports of energy-related scams.
Phone sales and online follow-up
Phone sales follow similar rules. If the call was unsolicited and led to an agreement, the 10 business day termination period applies, and the seller must send you the agreement after the call. For phone agreements the 10 business days start on the first business day after you are given the agreement document, not the day of the call, as NSW Government guidance explains. Keep the email or letter showing when you received it.
Before you sign anything at the door
- Ask for a written quote and say you'll compare others; reputable businesses expect this.
- Check the business on the New Energy Tech Consumer Code approved seller list and the installer in SAA's accreditation lookup — see checking installer accreditation.
- Check the battery is on the CEC approved list and the discount is shown in STCs — see the quote checklist.
- Compare at least three quotes using the quote comparison guide.
FAQ
I signed at the door yesterday and already paid a deposit. Is that allowed?
Taking payment during the termination period of an unsolicited consumer agreement is prohibited. You can cancel within the period and the deposit must be refunded. Report it to your fair trading agency.
The installer wants to install tomorrow. Should I let them?
For an unsolicited agreement, supply during the termination period is prohibited. Waiting protects your right to cancel.
Does the cooling-off period apply if I invited the salesperson back?
If the first contact was unsolicited and you then agreed to a later visit, the agreement may still be unsolicited. Ask your fair trading agency about your situation.
Sources
- ACCC — door-to-door and phone sales guidance
- Federal Register of Legislation — Competition and Consumer Act 2010, Schedule 2 (Australian Consumer Law), Part 3-2 Division 2
- Scamwatch — report scams
- NSW Fair Trading and Consumer Affairs Victoria — state help with unsolicited sales
- Clean Energy Regulator — battery program rules and retailer obligations