Section 70 — Competition and Consumer Act 2010: Presumption that agreements are unsolicited consumer agreements

(1) In a proceeding relating to a contravention or possible contravention of this Division (other than a criminal proceeding), an agreement is presumed to be an unsolicited consumer agreement if: (a) a party to the proceeding alleges that the agreement is an unsolicited consumer agreement; and (b) no other party to the proceeding proves that the agreement is not an unsolicited consumer agreement. (2) In a proceeding relating to a contravention or possible contravention of this Division (other than a criminal proceeding), it is presumed that a proposed agreement would be an unsolicited consumer agreement if it were made if: (a) a party to the proceeding alleges that the proposed agreement would be an unsolicited consumer agreement if it were made; and (b) no other party to the proceeding proves that the proposed agreement would not be an unsolicited consumer agreement if it were made.