Unsolicited consumer agreement penalties – fair trading

Section of the Competition and Consumer Act Schedule 2 - Australian Consumer Law

Your obligation

Maximum civil pecuniary penalty for breachingyour obligation

Maximum criminal penalty for breaching your obligation

73

You must not visit or telephone consumers outside the permitted hours, unless it is with their permission.

$50,000 (body corporate), $10,000 (person) see section 224(3)

$50,000 (body corporate), $10,000 (person) see section 170

74

You must tell a consumer the purpose of your visit, advise them that you must leave on request, and provide the prescribed identification details.

$50,000 (body corporate), $10,000 (person) see section 224(3)

$50,000 (body corporate), $10,000 (person) see section 171

75(1)

You must leave a consumer’s premises immediately on request.

$50,000 (body corporate), $10,000 (person) see section 224(3

$50,000 (body corporate), $10,000 (person) see section 172(1)

75(2)

You must not contact a consumer for 30 days after they have asked you to leave.

$50,000 (body corporate), $10,000 (person) see section 224(3)

$50,000 (body corporate), $10,000 (person) see section 172(2)

76

You must not make an unsolicited consumer agreement without first advising the consumer of their cooling-off (termination) rights.

$50,000 (body corporate), $10,000 (person) see section 224(3)

$50,000 (body corporate), $10,000 (person) see section 173

78

You must give the consumer a copy of the agreement immediately after signing, or within 5 business days if the sale was made by telephone.

$50,000 (body corporate), $10,000 (person) see section 224(3)

$50,000 (body corporate), $10,000 (person) see section 174

79

You must ensure the agreement document is in plain language, clearly presented and contains all the prescribed information.

$50,000 (body corporate), $10,000 (person) see section 224(3)

$50,000 (body corporate), $10,000 (person) see section 175

80

You must ensure the agreement document (for agreements not made by telephone) is signed by the consumer and the supplier or dealer.

$50,000 (body corporate), $10,000 (person) see section 224(3)

$50,000 (body corporate), $10,000 (person) see section 176

81

You must ensure that any amendments to the agreement are signed by both parties to the agreement.

$50,000 (body corporate), $10,000 (person) see section 224(3)

$50,000 (body corporate), $10,000 (person) see section 177

84

If a consumer terminates an agreement during the prescribed termination period, you must provide a full and immediate refund of any payment they have made.

$50,000 (body corporate), $10,000 (person) see section 224(3)

$50,000 (body corporate), $10,000 (person) see section 178

86

You must not supply any goods over $500 or any services, or accept any payment under the agreement during the 10-day cooling off period.

$50,000 (body corporate), $10,000 (person) see section 224(3)

$50,000 (body corporate), $10,000 (person) see section 179

87

You must refund any payments made by a consumer after they terminated an agreement.

$50,000 (body corporate), $10,000 (person) see section 224(3)

$50,000 (body corporate), $10,000 (person) see section 180

88

You must not try to recover money from a consumer after they have legitimately terminated an agreement.

$50,000 (body corporate), $10,000 (person) see section 224(3)

$50,000 (body corporate), $10,000 (person) see section 181

89

You must not include in an unsolicited consumer agreement a term that excludes, limits, modifies or restricts the consumer’s rights under the Australian Consumer Law.

$50,000 (body corporate), $10,000 (person) see section 224(3)

$50,000 (body corporate), $10,000 (person) see section 182

90

You must not induce, or try to induce, a consumer to waive any of t heir rights under the Australian Consumer Law.

$50,000 (body corporate), $10,000 (person) see section 224(3)

$50,000 (body corporate), $10,000 (person) see section 183

Last updated: 07/04/2013

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