Document ID: chunk:federal_register_of_legislation:C2025C00189:clause:2_40
Version: federal_register_of_legislation:C2025C00189
Segment Type: clause
Provision Reference: sch 2 cl 40
Character Range: 2474222–2475581

40  Assertion of right to payment for unsolicited goods or services
 (1) A person must not, in trade or commerce, assert a right to payment from another person for unsolicited goods unless the person has reasonable cause to believe that there is a right to the payment.
Note: A pecuniary penalty may be imposed for a contravention of this subsection.
 (2) A person must not, in trade or commerce, assert a right to payment from another person for unsolicited services unless the person has reasonable cause to believe that there is a right to the payment.
Note: A pecuniary penalty may be imposed for a contravention of this subsection.
 (3) A person must not, in trade or commerce, send to another person an invoice or other document that:
 (a) states the amount of a payment, or sets out the charge, for unsolicited goods or unsolicited services; and
 (b) does not contain a warning statement that complies with the requirements set out in the regulations;
unless the person has reasonable cause to believe that there is a right to the payment or charge.
Note: A pecuniary penalty may be imposed for a contravention of this subsection.
 (4) In a proceeding against a person in relation to a contravention of this section, the person bears the onus of proving that the person had reasonable cause to believe that there was a right to the payment or charge.