Competition and Consumer Act 2010
Sch 2 s 179Prohibition on supplies etc.
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179 Prohibition on supplies etc.
(1) The supplier under an unsolicited consumer agreement commits an offence if:
(a) the supplier:
(i) supplies to the consumer under the agreement the goods or services to be supplied under the agreement; or
(ii) accepts any payment, or any other consideration, in connection with those goods or services; or
(iii) requires any payment, or any other consideration, in connection with those goods or services; and
(b) the supply, acceptance or requirement occurs during:
(i) if the agreement was not negotiated by telephone—the period starting on the day on which the agreement was made and ending at the end of the tenth business day after the day on which the agreement was made; or
(ii) if the agreement was negotiated by telephone—the period starting on the day on which the agreement was made and ending at the end of the tenth business day after the day on which the consumer was given the agreement document relating to 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) Strict liability applies to subsection (1)(a).