Section 174 — Competition and Consumer Act 2010: Requirement to give document to the consumer

(1) The dealer who negotiated an unsolicited consumer agreement commits an offence if: (a) the agreement was not negotiated by telephone; and (b) the dealer does not give a copy of the agreement to the consumer under the agreement immediately after the consumer signs the agreement. Penalty: (a) if the person is a body corporate—$50,000; or (b) if the person is not a body corporate—$10,000. (2) The dealer who negotiated an unsolicited consumer agreement commits an offence if: (a) the agreement was negotiated by telephone; and (b) the dealer does not, within 5 business days after the agreement was made or such longer period agreed by the parties, give to the consumer under the agreement: (i) personally; or (ii) by post; or (iii) with the consumer’s consent—by electronic communication; an agreement document evidencing the agreement. Penalty: (a) if the person is a body corporate—$50,000; or (b) if the person is not a body corporate—$10,000. (3) Subsections (1) and (2) are offences of strict liability.