Section 181 — Competition and Consumer Act 2010: Prohibition on recovering amounts after termination

(1) A person commits an offence if: (a) an unsolicited consumer agreement is terminated in accordance with section 82; and (b) the person: (i) brings, or asserts an intention to bring, legal proceedings against the consumer; or (ii) takes, or asserts an intention to take, any other action against the consumer; in relation to an amount alleged to be payable, under the agreement or a related contract or instrument, by the consumer under 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) A person commits an offence if: (a) an unsolicited consumer agreement is terminated in accordance with section 82; and (b) for the purpose of recovering an amount alleged to be payable, under the agreement or a related contract or instrument, by the consumer under the agreement, the person: (i) places the consumer’s name, or causes the consumer’s name to be placed, on a list of defaulters or debtors; or (ii) asserts an intention to place the consumer’s name, or to cause the consumer’s name to be placed, on such a list. Penalty: (a) if the person is a body corporate—$50,000; or (b) if the person is not a body corporate—$10,000. (3) Subsection (1) is an offence of strict liability. (4) Strict liability applies to subsection (2)(a).