Document ID: chunk:federal_register_of_legislation:C2025C00182:section:12dm
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 12DM
Character Range: 143665–145279

12DM  Assertion of right to payment for unsolicited financial services etc.
 (1) A person must not, in trade or commerce, assert a right to payment from another person for unsolicited financial services.
Note: Failure to comply with this subsection is an offence (see section 12GB).
 (1A) Subsection (1) does not apply if the person had reasonable cause to believe that there was a right to payment.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A), see subsection 13.3(3) of the Criminal Code.
 (1AA) 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 supplying unsolicited financial services; and
 (b) does not contain a warning statement that complies with the requirements set out in the regulations.
Note: Failure to comply with this subsection is an offence (see section 12GB).
 (1AB) Subsection (1AA) does not apply if the person had reasonable cause to believe that there was a right to the payment or charge.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1AB), see subsection 13.3(3) of the Criminal Code.
 (1B) An offence under subsection 12GB(1) relating to subsection (1) or (1AA) of this section is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) In a proceeding against a person in respect of a contravention of this section, the burden lies on the person of proving that the person had reasonable cause to believe that there was a right to payment.