Sch 2 s 175Requirements for all unsolicited consumer agreements etc.

175 Requirements for all unsolicited consumer agreements etc.

(1) The supplier under an unsolicited consumer agreement commits an offence if the agreement, or (if the agreement was negotiated by telephone) the agreement document, does not comply with the following requirements:

(a) it must set out in full all the terms of the agreement, including:

(i) the total consideration to be paid or provided by the consumer under the agreement or, if the total consideration is not ascertainable at the time the agreement is made, the way in which it is to be calculated; and

(ii) any postal or delivery charges to be paid by the consumer;

(b) its front page must include a notice that:

(i) conspicuously and prominently informs the consumer of the consumer’s right to terminate the agreement; and

(ii) conspicuously and prominently sets out any other information prescribed by regulations made for the purposes of section 79(b)(ii); and

(iii) complies with any other requirements prescribed by regulations made for the purposes of section 79(b)(iii);

(c) it must be accompanied by a notice that:

(i) may be used by the consumer to terminate the agreement; and

(ii) complies with any requirements prescribed by regulations made for the purposes of section 79(c)(ii);

(d) it must conspicuously and prominently set out in full:

(i) the supplier’s name; and

(ii) if the supplier has an ABN—the supplier’s ABN; and

(iii) if the supplier does not have an ABN but has an ACN—the supplier’s ACN; and

(iv) the supplier’s business address (not being a post box) or, if the supplier does not have a business address, the supplier’s residential address; and

(v) if the supplier has an email address—the supplier’s email address; and

(vi) if the supplier has a fax number—the supplier’s fax number;

(e) it must be printed clearly or typewritten (apart from any amendments to the printed or typewritten form, which may be handwritten);

(f) it must be transparent.

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) is an offence of strict liability.