Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_70
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 70
Character Range: 147618–148593

70  Presumption that agreements are unsolicited consumer agreements

 (1) In a proceeding relating to a contravention or possible contravention of this Division (other than a criminal proceeding), an agreement is presumed to be an unsolicited consumer agreement if:
 (a) a party to the proceeding alleges that the agreement is an unsolicited consumer agreement; and
 (b) no other party to the proceeding proves that the agreement is not an unsolicited consumer agreement.

 (2) In a proceeding relating to a contravention or possible contravention of this Division (other than a criminal proceeding), it is presumed that a proposed agreement would be an unsolicited consumer agreement if it were made if:
 (a) a party to the proceeding alleges that the proposed agreement would be an unsolicited consumer agreement if it were made; and
 (b) no other party to the proceeding proves that the proposed agreement would not be an unsolicited consumer agreement if it were made.