Sch 2 s 167Referral selling

167 Referral selling

(1) A person commits an offence if:

(a) the person, in trade or commerce, induces a consumer to acquire goods or services by representing that the consumer will, after the contract for the acquisition of the goods or services is made, receive a rebate, commission or other benefit in return for:

(i) giving the person the names of prospective customers; or

(ii) otherwise assisting the person to supply goods or services to other consumers; and

(b) the receipt of the rebate, commission or other benefit is contingent on an event occurring after that contract is made.

(2) Subsection (1) is an offence of strict liability.

Penalty

(3) An offence against subsection (1) 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.

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