Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) If a contract to which this Act applies has been rescinded, or is capable of being rescinded, under this part, a person shall not, for the purpose of recovering an amount alleged to be payable by the consumer under the contract or a related contract or instrument—
(a) bring, or assert an intention to bring, legal proceedings against the consumer;
(b) place the name of the consumer, or cause the name of the consumer to be placed, on any list of defaulters or debtors, or assert an intention of placing the name of the consumer, or causing the name of the consumer to be placed, on any list of defaulters or debtors; or
(c) take any other action against the consumer.
(2) Subsection (1) (a) does not prohibit—
(a) the bringing of, or the asserting of an intention to bring, legal proceedings to determine whether or not a contract to which this part applies has been or is capable of being, rescinded under this part; or
(b) the continuation of such proceedings (for the purpose of recovering an amount alleged to be payable by the consumer under the contract or a related contract or instrument) if it is determined that the contract has not been, or is not capable of being, rescinded.
(3) It is a defence to a charge for an offence against subsection (1) to prove that, at the time of the alleged offence, the defendant did not know, and could not reasonably have been expected to have known, that the contract had been rescinded or was capable of being rescinded.
(4) If a person is convicted of an offence against subsection (1) (b), the court may order the person responsible for keeping any list on which the name of the consumer has been wrongfully placed to remove the name from that list.
(5) A person who, without reasonable excuse, contravenes subsection (1), or an order under subsection (4), commits an offence.
Maximum penalty:
(a) for an individual—$5 000; or
(b) for a body
corporate—$25 000.