Competition and Consumer Act 2010

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http://www7.austlii.edu.au/cgi-bin/viewdb//au/legis/cth/consol_act/caca2010265/

Schedule 2: https://www.austlii.edu.au/cgi-bin/viewtoc/au/legis/cth/consol_act/caca2010265/toc-sch2.html

We will add relevant sections as time permits.

Schedule 1

162   Assertion of right to payment for unsolicited goods or services

  (1)   A person commits an offence if the person, in trade or commerce, asserts a right to payment from another person for unsolicited goods.

  (2)   A person commits an offence if the person, in trade or commerce, asserts a right to payment from another person for unsolicited services.

  (3)   A person commits an offence if the person, in trade or commerce, sends 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 made for the purposes of section   40(3)(b).

  (4)   Subsection   (1), (2) or (3) does not apply if the person proves that he or she had reasonable cause to believe that there was a right to the payment or charge.

  (5)   Subsections   (1), (2) and (3) are offences of strict liability.

Penalty

  (6)   An offence against subsection   (1), (2) or (3) committed by a body corporate is punishable on conviction by a fine of not more than the greater of the following:

  (a)   $50,000,000;

  (b)   if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the commission of the offence–3 times the value of that benefit;

  (c)   if the court cannot determine the value of that benefit–30% of the body corporate’s adjusted turnover during the breach turnover period for the offence.

  (7)   An offence against subsection   (1), (2) or (3) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $2,500,000.

Schedule 2

100   Supplier must provide proof of transaction etc.

  (1)   If:

  (a)   a person (the supplier), in trade or commerce, supplies goods or services to a consumer; and

  (b)   the total price (excluding GST) of the goods or services is $75 or more;

the supplier must give the consumer a proof of transaction as soon as practicable after the goods or services are so supplied.

Note:   A pecuniary penalty may be imposed for a contravention of this subsection.

  (2)   If:

  (a)   a person (the supplier), in trade or commerce, supplies goods or services to a consumer; and

  (b)   the total price (excluding GST) of the goods or services is less than $75;

the consumer may request a proof of transaction from the supplier as soon as practicable after the goods or services are so supplied.

  (3)   If a request is made under subsection   (2), the supplier must give the proof of transaction within 7 days after the request is made.

Note:   A pecuniary penalty may be imposed for a contravention of this subsection.

  (4)   A proof of transaction for a supply of goods or services to a consumer is a document that:

  (a)   identifies the supplier of the goods or services; and

  (b)   if the supplier has an ABN–states the supplier’s ABN; and

  (c)   if the supplier does not have an ABN but has an ACN–states the supplier’s ACN; and

  (d)   states the date of the supply; and

  (e)   states the goods or services supplied to the consumer; and

  (f)   states the price of the goods or services.

Note:   The following are examples of a proof of transaction:

(a)   a tax invoice within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 ;

(b)   a cash register receipt;

(c)   a credit card or debit card statement;

(d)   a handwritten receipt;

(e)   a lay – by agreement;

(f)   a confirmation or receipt number provided for a telephone or internet transaction.

  (5)   The supplier must ensure that the proof of transaction given under subsection   (1) or (3) is transparent.

101   Consumer may request an itemised bill

  (1)   If a person (the supplier), in trade or commerce, supplies services to a consumer, the consumer may request that the supplier give the consumer an itemised bill that:

  (a)   specifies how the price of the services was calculated; and

  (b)   includes, if applicable, the number of hours of labour that related to the supply of the services and the hourly rate for that labour; and

  (c)   includes, if applicable, a list of the materials used to supply the services and the amount charged for those materials.

  (2)   The request under subsection   (1) must be made within 30 days after:

  (a)   the services are supplied; or

  (b)   the consumer receives a bill or account from the supplier for the supply of the services;

whichever occurs later.

  (3)   The supplier must give the consumer the itemised bill within 7 days after the request is made.

Note:   A pecuniary penalty may be imposed for a contravention of this subsection.

  (4)   The supplier must not charge the consumer for the itemised bill.

Note:   A pecuniary penalty may be imposed for a contravention of this subsection.

  (5)   The supplier must ensure that the itemised bill is transparent.

AI response when asked about Schedule 2, section 100 (all AI responses should be checked for accuracy):