Australian Capital Territory Consolidated Acts

DOOR-TO-DOOR TRADING ACT 1991 - SECT 18B

    (1)     A person commits an offence against this Act if—

        (a)     a supplier or dealer in relation to a contract to which this Act applies contravenes a provision of this Act; and

        (b)     the contravention is an offence against this Act (the relevant offence ); and

        (c)     the person has derived a direct or indirect financial benefit from the contract; and

        (d)     the person was reckless about whether the contravention would happen; and

        (e)     the person was in a position to influence the conduct of the supplier or dealer in relation to the contravention; and

        (f)     the person failed to take all reasonable steps to prevent the contravention.

Maximum penalty: The maximum penalty that may be imposed for the commission of the relevant offence by an individual.

    (2)     This section applies whether or not the supplier or dealer is prosecuted for, or convicted of, the relevant offence.

    (3)     In deciding whether the person took (or failed to take) reasonable steps to prevent the contravention, a court must have regard to—

        (a)     any action the person took directed towards ensuring compliance with the contravened provision; and

        (b)     any action the person took when the person became aware that the contravention was, or might be, about to happen.

    (4)     Subsection (3) does not limit the matters to which the court may have regard.

    (5)     This section does not apply if the supplier or dealer would have a defence to a prosecution for the relevant offence.