Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_181
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 181
Character Range: 277725–279145

181  Prohibition on recovering amounts after termination

 (1) A person commits an offence if:
 (a) an unsolicited consumer agreement is terminated in accordance with section 82; and
 (b) the person:
 (i) brings, or asserts an intention to bring, legal proceedings against the consumer; or
 (ii) takes, or asserts an intention to take, any other action against the consumer;
  in relation to an amount alleged to be payable, under the agreement or a related contract or instrument, by the consumer under 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) A person commits an offence if:
 (a) an unsolicited consumer agreement is terminated in accordance with section 82; and
 (b) for the purpose of recovering an amount alleged to be payable, under the agreement or a related contract or instrument, by the consumer under the agreement, the person:
 (i) places the consumer's name, or causes the consumer's name to be placed, on a list of defaulters or debtors; or
 (ii) asserts an intention to place the consumer's name, or to cause the consumer's name to be placed, on such a list.

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

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

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

Subdivision D—Miscellaneous