Sch 2 s 173Informing person of termination period etc.

173 Informing person of termination period etc.

(1) A dealer commits an offence if the dealer makes an unsolicited consumer agreement with a person, and:

(a) before the agreement is made, the person is not given information as to the following:

(i) the person’s right to terminate the agreement during the termination period;

(ii) the way in which the person may exercise that right;

(iii) such other matters as are prescribed by regulations made for the purposes of section 76(a)(iii); or

(b) if the agreement is made in the presence of both the dealer and the person—the person is not given the information in writing; or

(c) if the agreement is made by telephone—the person is not:

(i) given the information by telephone; and

(ii) subsequently given the information in writing; or

(d) the form in which, and the way in which, the person is given the information does not comply with any other requirements prescribed by regulations made for the purposes of section 76(d).

Penalty:

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

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

(2) If:

(a) a dealer contravenes subsection (1) in relation to an unsolicited consumer agreement; and

(b) the dealer is not, or is not to be, the supplier of the goods or services to which the agreement relates;

the supplier of the goods or services is also taken to have contravened subsection (1) in relation to the agreement.

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