Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_167
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 167
Character Range: 263135–263907

167  Referral selling

 (1) A person commits an offence if:
 (a) the person, in trade or commerce, induces a consumer to acquire goods or services by representing that the consumer will, after the contract for the acquisition of the goods or services is made, receive a rebate, commission or other benefit in return for:
 (i) giving the person the names of prospective customers; or
 (ii) otherwise assisting the person to supply goods or services to other consumers; and
 (b) the receipt of the rebate, commission or other benefit is contingent on an event occurring after that contract is made.

Penalty:
 (a) if the person is a body corporate—$1,100,000; or
 (b) if the person is not a body corporate—$220,000.

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