Section 40 — Competition and Consumer Act 2010: Assertion of right to payment for unsolicited goods or services

(1) A person must not, in trade or commerce, assert a right to payment from another person for unsolicited goods unless the person has reasonable cause to believe that there is a right to the payment. Note: A pecuniary penalty may be imposed for a contravention of this subsection. (2) A person must not, in trade or commerce, assert a right to payment from another person for unsolicited services unless the person has reasonable cause to believe that there is a right to the payment. Note: A pecuniary penalty may be imposed for a contravention of this subsection. (3) A person must not, in trade or commerce, send to another person an invoice or other document that: (a) states the amount of a payment, or sets out the charge, for unsolicited goods or unsolicited services; and (b) does not contain a warning statement that complies with the requirements set out in the regulations; unless the person has reasonable cause to believe that there is a right to the payment or charge. Note: A pecuniary penalty may be imposed for a contravention of this subsection. (4) In a proceeding against a person in relation to a contravention of this section, the person bears the onus of proving that the person had reasonable cause to believe that there was a right to the payment or charge.