Document ID: chunk:federal_register_of_legislation:C2020A00135:clause:5_992a:p2
Version: federal_register_of_legislation:C2020A00135
Segment Type: clause
Provision Reference: sch 5 cl 992A (pt 2/2)
Character Range: 78297–80409

purchase, that financial product was reasonably within the scope of the consumer's consent; and
 (c) the consumer gave the consent before the start of the contact; and
 (d) giving the consent was a positive and voluntary act of the consumer; and
 (e) the consent was clear, and a reasonable person would have understood that the consumer consented to the contact; and
 (f) if the consent indicated the form of contact that the consumer wants—the contact is in that form; and
 (g) the consent was given:
 (i) within 6 weeks before the contact occurs; or
 (ii) within such longer period (not exceeding 12 weeks) as the consumer agrees to, if the issue or sale of the financial product reasonably requires a period exceeding 6 weeks to allow for a medical examination; and
 (h) the consent was not withdrawn before the contact occurs.
For the purposes of this subsection, take into account any variations that the consumer makes to the consent before the contact occurs.
 (6) The consumer may vary or withdraw the consent at any time. The variation or withdrawal may take any form, regardless of the form of the consent.
 (7) To avoid doubt, advertising an offer, or publishing a statement about an offer, is not unsolicited contact if:
 (a) because of subsection 734(4), (5), (6), (7), (8) or (9), the advertisement or publication does not contravene subsection 734(2); or
 (b) because of paragraphs 1018A(1)(c) to (e), or because of subsection 1018A(3), (4) or (5), the advertisement or publication does not contravene subsection 1018A(1); or
 (c) because of paragraphs 1018A(2)(c) to (f), or because of subsection 1018A(3), (4) or (5), the advertisement or publication does not contravene subsection 1018A(2).

Application of this section to superannuation products
 (8) This section, and regulations made for the purposes of this section, apply to financial products that are beneficial interests in a regulated superannuation fund as if each class of beneficial interest in the fund were a separate financial product.

Strict liability
 (9) An offence based on subsection (1) is an offence of strict liability.