Sch 2 s 170Permitted hours for negotiating an unsolicited consumer agreement

170 Permitted hours for negotiating an unsolicited consumer agreement

(1) A dealer commits an offence if the dealer calls on a person for the purpose of negotiating an unsolicited consumer agreement, or for an incidental or related purpose:

(a) at any time on a Sunday or a public holiday; or

(b) before 9 am on any other day; or

(c) after 6 pm on any other day (or after 5 pm if the other day is a Saturday).

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(2) Subsection (1) does not apply if the dealer calls on, or telephones, the person in accordance with consent that:

(a) was given by the person to the dealer or a person acting on the dealer’s behalf; and

(b) was not given in the presence of the dealer or a person acting on the dealer’s behalf.

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