Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_162
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 162
Character Range: 255646–256987

162  Assertion of right to payment for unsolicited goods or services

 (1) A person commits an offence if the person, in trade or commerce, asserts a right to payment from another person for unsolicited goods.

Penalty:
 (a) if the person is a body corporate—$1,100,000; or
 (b) if the person is not a body corporate—$220,000.

 (2) A person commits an offence if the person, in trade or commerce, asserts a right to payment from another person for unsolicited services.

Penalty:
 (a) if the person is a body corporate—$1,100,000; or
 (b) if the person is not a body corporate—$220,000.

 (3) A person commits an offence if the person, in trade or commerce, sends to another person an invoice or other document that:
 (a) states the amount of a payment, or sets out the charge, for supplying unsolicited goods or unsolicited services; and
 (b) does not contain a warning statement that complies with the requirements set out in the regulations made for the purposes of section 40(3)(b).

Penalty:
 (a) if the person is a body corporate—$1,100,000; or
 (b) if the person is not a body corporate—$220,000.

 (4) Subsection (1), (2) or (3) does not apply if the person proves that he or she had reasonable cause to believe that there was a right to the payment or charge.

 (5) Subsections (1), (2) and (3) are offences of strict liability.