Sch 2 s 162Assertion of right to payment for unsolicited goods or services

162 Assertion of right to payment for unsolicited goods or services

(1) A person commits an offence if the person, in trade or commerce, asserts a right to payment from another person for unsolicited goods.

(2) A person commits an offence if the person, in trade or commerce, asserts a right to payment from another person for unsolicited services.

(3) A person commits an offence if the person, in trade or commerce, sends to another person an invoice or other document that:

(a) states the amount of a payment, or sets out the charge, for unsolicited goods or unsolicited services; and

(b) does not contain a warning statement that complies with the requirements set out in the regulations made for the purposes of section 40(3)(b).

(4) Subsection (1), (2) or (3) does not apply if the person proves that he or she had reasonable cause to believe that there was a right to the payment or charge.

(5) Subsections (1), (2) and (3) are offences of strict liability.

Penalty

(6) An offence against subsection (1), (2) or (3) committed by a body corporate is punishable on conviction by a fine of not more than the greater of the following:

(a) $100,000,000;

(b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the commission of the offence—3 times the value of that benefit;

(c) if the court cannot determine the value of that benefit—30% of the body corporate’s adjusted turnover during the breach turnover period for the offence.

(7) An offence against subsection (1), (2) or (3) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $2,500,000.