12CAgreements for the sending of marketing faxes must require compliance with this Act

#### 12C Agreements for the sending of marketing faxes must require compliance with this Act (1) A person (the first person) must not enter into a contract or arrangement, or arrive at an understanding, with another person, if: (a) there is a reasonable likelihood that the other person will give effect to the contract, arrangement or understanding by: (i) sending marketing faxes; or (ii) causing any or all of the employees or agents of the other person to send marketing faxes; and (b) there is a reasonable likelihood that some or all of those faxes will be sent to Australian numbers that, under section 14, are eligible to be entered on the Do Not Call Register; and (c) the contract, arrangement or understanding does not contain an express provision to the effect that the other person will: (i) in any case—comply with this Act; and (ii) if subparagraph (a)(ii) applies—take all reasonable steps to ensure that the employees and agents of the other person comply with this Act; in relation to the sending of marketing faxes that are sent in order to give effect to the contract, arrangement or understanding. Ancillary contraventions (2) A person must not: (a) aid, abet, counsel or procure a contravention of subsection (1); or (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or (d) conspire with others to effect a contravention of subsection (1). Civil penalty provisions (3) Subsections (1) and (2) are civil penalty provisions. > Note: Part 4 provides for pecuniary penalties for breaches of civil penalty provisions. Validity of contracts, arrangements or understandings (4) A failure to comply with subsection (1) does not affect the validity of any contract, arrangement or understanding.