Penalties - unsolicited consumer agreements

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

73

224(3)

170

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

74

224(3)

171

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

75(1)

 224(3)

 172(1)

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

75(2)

 224(3)

 172(2)

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

76

 224(3)

 173

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

78

 224(3)

 174

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

79

 224(3)

 175

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

80

 224(3)

 176

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

81

 224(3)

 177

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.

84

 224(3)

 178

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.

86

 224(3)

 179

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

87

 224(3)

 180

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

88

 224(3)

 181

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.

89

 224(3)

 182

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

90

 224(3)

 183