Australian Consumer Law

 

Chapter 3-Specific protections

Part 3-2-Consumer transactions

Division 2-Unsolicited consumer agreements

Subdivision B - Negotiating unsolicited consumer agreements

75 Ceasing to negotiate on request

(1) A dealer who calls on a person at any premises for the purpose of negotiating an unsolicited consumer agreement, or for an incidental or related purpose, must leave the premises immediately on the request of:

(a) the occupier of the premises, or any person acting with the actual or apparent authority of the occupier; or

(b) the person (the prospective consumer) with whom the negotiations are being conducted.

Note: A pecuniary penalty may be imposed for a contravention of this subsection.

(2) If the prospective consumer makes such a request, the dealer must not contact the prospective consumer for the purpose of negotiating an unsolicited consumer agreement (or for an incidental or related purpose) for at least 30 days after the prospective consumer makes the request.

Note: A pecuniary penalty may be imposed for a contravention of this subsection.

(3) If the dealer is not, or is not to be, the supplier of the goods or services to which the negotiations relate:

(a) subsection (2) applies to that supplier, and any person acting on behalf of that supplier, in the same way that it applies to the dealer; but

(b) subsection (2) does not apply to the dealer contacting the prospective customer in relation to a supply by another supplier.