Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_170
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 170
Character Range: 265673–266561

170  Permitted hours for negotiating an unsolicited consumer agreement

 (1) A dealer commits an offence if the dealer calls on a person for the purpose of negotiating an unsolicited consumer agreement, or for an incidental or related purpose:
 (a) at any time on a Sunday or a public holiday; or
 (b) before 9 am on any other day; or
 (c) after 6 pm on any other day (or after 5 pm if the other day is a Saturday).

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

 (2) Subsection (1) does not apply if the dealer calls on, or telephones, the person in accordance with consent that:
 (a) was given by the person to the dealer or a person acting on the dealer's behalf; and
 (b) was not given in the presence of the dealer or a person acting on the dealer's behalf.

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