Sch 2 s 181Prohibition on recovering amounts after termination

181 Prohibition on recovering amounts after termination

(1) A person commits an offence if:

(a) an unsolicited consumer agreement is terminated in accordance with section 82; and

(b) the person:

(i) brings, or asserts an intention to bring, legal proceedings against the consumer; or

(ii) takes, or asserts an intention to take, any other action against the consumer;

in relation to an amount alleged to be payable, under the agreement or a related contract or instrument, by the consumer under 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) A person commits an offence if:

(a) an unsolicited consumer agreement is terminated in accordance with section 82; and

(b) for the purpose of recovering an amount alleged to be payable, under the agreement or a related contract or instrument, by the consumer under the agreement, the person:

(i) places the consumer’s name, or causes the consumer’s name to be placed, on a list of defaulters or debtors; or

(ii) asserts an intention to place the consumer’s name, or to cause the consumer’s name to be placed, on such a list.

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(3) Subsection (1) is an offence of strict liability.

(4) Strict liability applies to subsection (2)(a).