40Record of explicit informed consent

40 Record of explicit informed consent

40 Record of explicit informed consent

(1) A retailer must—

(a) create a record of each explicit informed consent required by this Division and provided by a small customer; and

(b) retain the record for at least 2 years.

(2) The record must be in such a format and include such information as will enable—

(a) the AER to verify the retailer’s compliance with the relevant requirements of this Part and the Rules relating to explicit informed consent; and

(b) the retailer to answer enquiries from a small customer relating to the customer’s explicit informed consent.

(3) A retailer must, on request by a small customer and at no charge, provide the customer with access to a copy of the record of any explicit informed consent given by the customer and then retained by the retailer.