Sch 2 s 180Repayment of payments received after termination

180 Repayment of payments received after termination

(1) The supplier under an unsolicited consumer agreement commits an offence if:

(a) the agreement is terminated in accordance with section 82; and

(b) the supplier does not immediately refund to the consumer under the agreement any payment:

(i) that the consumer, or a person acting on the consumer’s behalf, makes to the supplier after the termination; and

(ii) that purports to be made under the agreement or a related contract or instrument.

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.