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) s43: s 43 Do not demand payment for unauthorised directory entries or advertisements

A business must not assert a right to payment of a charge for placing an entry or advertisement about a person, or about that person's profession, business, trade or occupation, in a publication unless it knows or has reasonable cause to believe the person authorised it, and must not send an invoice for such a charge without that knowledge or belief unless the document carries the prescribed warning (reg 78: 'This is not a bill. You are not required to pay any money.' as the most prominent text). Authorisation counts only if a signed document naming the publisher and its address, the particulars of the entry and the charge or its basis was given to the person before payment is asserted. Publishers with an audited circulation of 10,000 or more a week (audit by the Audit Bureau of Circulations, reg 79), government, and large or listed companies and their subsidiaries not convicted under s 162 (reg 80) are excluded; the person bears the onus of proving belief and may recover any payment made without authority.

Maintained by Gerard Blokdyk

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