Competition and Consumer Act 2010
Sch 2 s 174Requirement to give document to the consumer
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174 Requirement to give document to the consumer
(1) The dealer who negotiated an unsolicited consumer agreement commits an offence if:
(a) the agreement was not negotiated by telephone; and
(b) the dealer does not give a copy of the agreement to the consumer under the agreement immediately after the consumer signs the agreement.
Penalty:
(a) if the person is a body corporate—$50,000; or
(b) if the person is not a body corporate—$10,000.
(2) The dealer who negotiated an unsolicited consumer agreement commits an offence if:
(a) the agreement was negotiated by telephone; and
(b) the dealer does not, within 5 business days after the agreement was made or such longer period agreed by the parties, give to the consumer under the agreement:
(i) personally; or
(ii) by post; or
(iii) with the consumer’s consent—by electronic communication;
an agreement document evidencing the agreement.
Penalty:
(a) if the person is a body corporate—$50,000; or
(b) if the person is not a body corporate—$10,000.
(3) Subsections (1) and (2) are offences of strict liability.