Document ID: chunk:federal_register_of_legislation:C2021C00356:section:12c
Version: federal_register_of_legislation:C2021C00356
Segment Type: section
Provision Reference: s 12C
Character Range: 33465–35380

12C  Agreements for the sending of marketing faxes must require compliance with this Act
 (1) A person (the first person) must not enter into a contract or arrangement, or arrive at an understanding, with another person, if:
 (a) there is a reasonable likelihood that the other person will give effect to the contract, arrangement or understanding by:
 (i) sending marketing faxes; or
 (ii) causing any or all of the employees or agents of the other person to send marketing faxes; and
 (b) there is a reasonable likelihood that some or all of those faxes will be sent to Australian numbers that, under section 14, are eligible to be entered on the Do Not Call Register; and
 (c) the contract, arrangement or understanding does not contain an express provision to the effect that the other person will:
 (i) in any case—comply with this Act; and
 (ii) if subparagraph (a)(ii) applies—take all reasonable steps to ensure that the employees and agents of the other person comply with this Act;
  in relation to the sending of marketing faxes that are sent in order to give effect to the contract, arrangement or understanding.

Ancillary contraventions
 (2) A person must not:
 (a) aid, abet, counsel or procure a contravention of subsection (1); or
 (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or
 (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or
 (d) conspire with others to effect a contravention of subsection (1).

Civil penalty provisions
 (3) Subsections (1) and (2) are civil penalty provisions.
Note: Part 4 provides for pecuniary penalties for breaches of civil penalty provisions.

Validity of contracts, arrangements or understandings
 (4) A failure to comply with subsection (1) does not affect the validity of any contract, arrangement or understanding.

Part 3—Do Not Call Register