Document ID: chunk:federal_register_of_legislation:C2004C01260:clause:1_75azq:p1
Version: federal_register_of_legislation:C2004C01260
Segment Type: clause
Provision Reference: sch 1 cl 75AZQ (pt 1/2)
Character Range: 72021–74577

75AZQ  Assertion of right to payment for unsolicited goods or services or for making an entry in a directory

 (1) A corporation must not, in trade or commerce, assert a right to payment from a person for unsolicited goods or unsolicited services.

Penalty: 2,000 penalty units.

 (2) Subsection (1) does not apply if the corporation proves that it had reasonable cause to believe that there was a right to payment.

Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4 of the Criminal Code).

 (3) Subsection (1) is an offence of strict liability.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: For strict liability, see section 6.1 of the Criminal Code.

 (4) A corporation must not assert a right to payment from a person of a charge for making in a directory an entry relating to the person, or to the person's profession, business, trade or occupation.

Penalty: 2,000 penalty units.

 (5) Subsection (4) does not apply if the corporation proves that it believed, or had reasonable cause to believe, that the person had authorised the making of the entry.

Note: A defendant bears a legal burden in relation to the matter in subsection (5) (see section 13.4 of the Criminal Code).

 (6) Subsection (4) is an offence of strict liability.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: For strict liability, see section 6.1 of the Criminal Code.

 (7) A person is not liable to make any payment to a corporation, and is entitled to recover by action in a court of competent jurisdiction against a corporation any payment made by the person to the corporation, in full or part satisfaction of a charge for the making of an entry in a directory, unless the person has authorised the making of the entry.

 (8) For the purposes of this section, a corporation is taken to assert a right to a payment from a person for unsolicited goods or services, or of a charge for the making of an entry in a directory, if the corporation:
 (a) makes a demand for the payment or asserts a present or prospective right to the payment; or
 (b) threatens to bring any legal proceedings with a view to obtaining the payment; or
 (c) places or causes to be placed the name of the person on a list of defaulters or debtors, or threatens to do so, with a view to obtaining the payment; or
 (d) invokes or causes to be invoked any other collection procedure, or threatens to do so, with a view to obtaining