Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:3_26
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 3 cl 26
Character Range: 544761–545511

26  After subsection 12DM(1A)
Insert:

 (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 or unsolicited financial products; 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.