Australian Consumer Law (Competition and Consumer Act 2010 Schedule 2)
Chapter 3 Part 3-1: Unfair practices – Australian Consumer Law (Competition and Consumer Act 2010 Schedule 2)

Australian Consumer Law (Competition and Consumer Act 2010 Schedule 2) s40: s 40 Do not assert a right to payment for unsolicited goods or services, and warn on any invoice sent

A business must not, in trade or commerce, assert a right to payment from a person for unsolicited goods or unsolicited services unless it has reasonable cause to believe there is a right to payment, and it bears the onus of proving that belief (s 40(4)). It must not send an invoice or similar document stating an amount for unsolicited goods or services unless it has that reasonable cause, or the document carries the prescribed warning: reg 78 requires the text 'This is not a bill. You are not required to pay any money.' as the most prominent text in the document. Recipients of unsolicited goods owe nothing and, after the recovery period (3 months, or one month after a written notice), the goods become theirs (ss 41 and 42).

Maintained by Gerard Blokdyk

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