Document ID: chunk:federal_register_of_legislation:C2025C00189:clause:2_43:p1
Version: federal_register_of_legislation:C2025C00189
Segment Type: clause
Provision Reference: sch 2 cl 43 (pt 1/2)
Character Range: 2478139–2480749

43  Assertion of right to payment for unauthorised entries or advertisements
 (1) A person must not assert a right to payment from another person of a charge for placing, in a publication, an entry or advertisement relating to:
 (a) the other person; or
 (b) the other person's profession, business, trade or occupation;
unless the person knows, or has reasonable cause to believe, that the other person authorised the placing of the entry or advertisement.
Note: A pecuniary penalty may be imposed for a contravention of this subsection.
 (2) A person must not send to another person an invoice or other document that:
 (a) states the amount of a payment, or sets out the charge, for placing, in a publication, an entry or advertisement relating to:
 (i) the other person; or
 (ii) the other person's profession, business, trade or occupation; and
 (b) does not contain a warning statement that complies with the requirements set out in the regulations;
unless the person knows, or has reasonable cause to believe, that the other person authorised the placing of the entry or advertisement.
Note: A pecuniary penalty may be imposed for a contravention of this subsection.
 (3) Subsections (1) and (2) do not apply to an entry or advertisement that is placed in a publication published by a person who is:
 (a) the publisher of a publication that has an audited circulation of 10,000 copies or more per week, as confirmed by the most recent audit of the publication by a body specified in the regulations; or
 (b) a body corporate related to such a publisher; or
 (c) the Commonwealth, a State or a Territory, or an authority of the Commonwealth, a State or a Territory; or
 (d) a person specified in the regulations.
 (4) A person:
 (a) is not liable to make any payment to another person; and
 (b) is entitled to recover by action in a court against another person any payment made by the person to the other person;
in full or part satisfaction of a charge for placing, in a publication, an entry or advertisement, unless the person authorised the placing of the entry or advertisement.
 (5) A person is not taken for the purposes of this section to have authorised the placing of the entry or advertisement, unless:
 (a) a document authorising the placing of the entry or advertisement has been signed by the person or by another person authorised by him or her; and
 (b) a copy of the document has been given to the person before the right to payment of a charge for the placing of the entry or advertisement is asserted; and
 (c) the document specifies:
 (i) the name and address of the person publishing