Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_88
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 88
Character Range: 166963–168700

88  Prohibition on recovering amounts after termination

 (1) If an unsolicited consumer agreement is terminated in accordance with section 82, a person must not:
 (a) bring, or assert an intention to bring, legal proceedings against the consumer; or
 (b) take, or assert an intention to take, any other action against the consumer;
in relation to an amount alleged to be payable, under the agreement or a related contract or instrument, by the consumer under the agreement.

Note: A pecuniary penalty may be imposed for a contravention of this subsection.

 (1A) Subsection (1) does not apply to:
 (a) bringing, or asserting an intention to bring, legal proceedings against the consumer; or
 (b) taking, or asserting an intention to take, any other action against the consumer;
to enforce a liability under section 85(3), or a liability of a kind referred to in section 85(6).

 (2) If an unsolicited consumer agreement is terminated in accordance with section 82, a person must not, for the purpose of recovering an amount alleged to be payable, under the agreement or a related contract or instrument, by the consumer under the agreement:
 (a) place the consumer's name, or cause the consumer's name to be placed, on a list of defaulters or debtors; or
 (b) assert an intention to place the consumer's name, or cause the consumer's name to be placed, on such a list.

Note: A pecuniary penalty may be imposed for a contravention of this subsection.

 (3) Without limiting Division 2 of Part 5‑2, an injunction granted under that Division may require a person responsible for keeping a list of defaulters or debtors on which the consumer's name has been wrongly placed to remove the name from that list.

Subdivision E—Miscellaneous