Competition and Consumer Act 2010
Sch 2 s 70Presumption that agreements are unsolicited consumer agreements
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70 Presumption that agreements are unsolicited consumer agreements
(1) In a proceeding relating to a contravention or possible contravention of this Division (other than a criminal proceeding), an agreement is presumed to be an unsolicited consumer agreement if:
(a) a party to the proceeding alleges that the agreement is an unsolicited consumer agreement; and
(b) no other party to the proceeding proves that the agreement is not an unsolicited consumer agreement.
(2) In a proceeding relating to a contravention or possible contravention of this Division (other than a criminal proceeding), it is presumed that a proposed agreement would be an unsolicited consumer agreement if it were made if:
(a) a party to the proceeding alleges that the proposed agreement would be an unsolicited consumer agreement if it were made; and
(b) no other party to the proceeding proves that the proposed agreement would not be an unsolicited consumer agreement if it were made.