Sch 2 s 176Additional requirements for unsolicited consumer agreements not negotiated by telephone

176 Additional requirements for unsolicited consumer agreements not negotiated by telephone

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

(a) the agreement must be signed by the consumer under the agreement;

(b) if the agreement is signed by a person on the supplier’s behalf—the agreement must state that the person is acting on the supplier’s behalf, and must set out in full:

(i) the person’s name; and

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

(iii) if the person has an email address—the person’s email address.

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.

(3) This section does not limit the operation of section 175.