Document ID: chunk:federal_register_of_legislation:C2008A00126:clause:1_3
Version: federal_register_of_legislation:C2008A00126
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 8112–10041

3  Subsection 75AZF(2)
Repeal the subsection, substitute:

 (2) Subsection (1) does not apply if the corporation also:
 (a) specifies, in a prominent way and as a single figure, the single price for the goods or services; and
 (b) if, in relation to goods:
 (i) the corporation does not include in the single price a charge that is payable in relation to sending the goods from the supplier to the relevant person; and
 (ii) the corporation knows, at the time of the representation, the minimum amount of a charge in relation to sending the goods from the supplier to the relevant person that must be paid by the relevant person;
  specifies that minimum amount.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

 (2A) A corporation is not required to include, in the single price for goods, a charge that is payable in relation to sending the goods from the supplier to the relevant person.

 (2B) Subsection (1) does not apply if the representation is made exclusively to a body corporate.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2B) (see subsection 13.3(3) of the Criminal Code).

 (2C) For the purposes of paragraph (2)(a), the corporation is taken not to have specified a single price for the goods or services in a prominent way unless the single price is at least as prominent as the most prominent of the parts of the consideration for the supply.

 (2D) Subsection (2C) does not apply in relation to services to be supplied under a contract if the following apply:
 (a) the contract provides for the supply of the services for the term of the contract;
 (b) the contract provides for periodic payments for the services to be made during the term of the contract;
 (c) if the contract also provides for the supply of goods—the goods are directly related to the supply of the services.