Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_179
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 179
Character Range: 275985–277049

179  Prohibition on supplies for 10 business days

 (1) The supplier under an unsolicited consumer agreement commits an offence if:
 (a) the supplier:
 (i) supplies to the consumer under the agreement the goods or services to be supplied under the agreement; or
 (ii) accepts any payment, or any other consideration, in connection with those goods or services; or
 (iii) requires any payment, or any other consideration, in connection with those goods or services; and
 (b) the supply, acceptance or requirement occurs during the period of 10 business days starting:
 (i) if the agreement was not negotiated by telephone—at the start of the first business day after the day on which the agreement was made; or
 (ii) if the agreement was negotiated by telephone—at the start of the first business day after the day on which the consumer was given the agreement document relating to the agreement.

Penalty:
 (a) if the person is a body corporate—$50,000; or
 (b) if the person is not a body corporate—$10,000.

 (2) Strict liability applies to subsection (1)(a).