Document ID: chunk:federal_register_of_legislation:C2025C00189:clause:2_70
Version: federal_register_of_legislation:C2025C00189
Segment Type: clause
Provision Reference: sch 2 cl 70
Character Range: 2516427–2517399

70  Presumption that agreements are unsolicited consumer agreements
 (1) In a proceeding relating to a contravention or possible contravention of this Division (other than a criminal proceeding), an agreement is presumed to be an unsolicited consumer agreement if:
 (a) a party to the proceeding alleges that the agreement is an unsolicited consumer agreement; and
 (b) no other party to the proceeding proves that the agreement is not an unsolicited consumer agreement.
 (2) In a proceeding relating to a contravention or possible contravention of this Division (other than a criminal proceeding), it is presumed that a proposed agreement would be an unsolicited consumer agreement if it were made if:
 (a) a party to the proceeding alleges that the proposed agreement would be an unsolicited consumer agreement if it were made; and
 (b) no other party to the proceeding proves that the proposed agreement would not be an unsolicited consumer agreement if it were made.