11BProhibition on lead generation or marketing through telemarketing

11B Prohibition on lead generation or marketing through telemarketing

(1) Subject to this clause, an accredited person or scheme participant must not—

(a) carry out a lead generation or marketing activity in relation to a prescribed activity while on a telephone call with a person, whether or not the person is at the person's ordinary place of residence or business premises at the time of the telephone call; or

(b) require or permit an employee, an agent or a contractor of the accredited person or scheme participant to carry out the activity described in paragraph (a); or

(c) acquire from any person (the third party) the contact details of a person who has expressed interest in a prescribed activity to the third party that are obtained by the third party as the result of a telephone call by the third party to the person without prior consent.

(2) Subclause (1) does not apply if the person provides express prior consent to being telephoned by the accredited person or scheme participant for the purposes of obtaining information about the prescribed activity.

(3) For the purposes of subclause (2), if a person provides express consent to being telephoned by an accredited person or scheme participant for the purposes of obtaining information about a prescribed activity, the consent is taken to be withdrawn—

(a) 3 months after the day on which the consent is given; or

(b) on the expiry of any longer period for which the person specifies the consent is valid.

(4) An accredited person or scheme participant does not contravene subclause (1) if—

(a) the act or omission alleged to constitute the contravention by the accredited person or scheme participant was due to a reasonable mistake of fact; or

(b) the accredited person or scheme participant took reasonable precautions, and exercised due diligence, to avoid that act or omission.

Sch. 6 Pt 3 cl. 12 substituted by S.R. No. 26/2024 reg. 9.

12 Prohibition on lead generation or marketing through door-to-door sales

(1) Subject to this clause, an accredited person or scheme participant must not—

(a) carry out a lead generation or marketing activity in relation to a prescribed activity while calling on a person at the person's ordinary place of residence or business premises; or

(b) require or permit an employee, an agent or a contractor of the accredited person or scheme participant to carry out the activity described in paragraph (a); or

(c) acquire from any other person (the third party) the contact details of a person who has expressed interest in a prescribed activity that the third party has obtained as the result of calling on the person at the person's ordinary place of residence or business premises.