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DO NOT CALL REGISTER ACT 2006 - SECT 12C Agreements for the sending of marketing faxes must require compliance with this Act

DO NOT CALL REGISTER ACT 2006 - SECT 12C

Agreements for the sending of marketing faxes must require compliance with this Act

  (1)   A person (the first person ) must not enter into a contract or arrangement, or arrive at an understanding, with another person, if:

  (a)   there is a reasonable likelihood that the other person will give effect to the contract, arrangement or understanding by:

  (i)   sending marketing faxes; or

  (ii)   causing any or all of the employees or agents of the other person to send marketing faxes; and

  (b)   there is a reasonable likelihood that some or all of those faxes will be sent to Australian numbers that, under section   14, are eligible to be entered on the Do Not Call Register; and

  (c)   the contract, arrangement or understanding does not contain an express provision to the effect that the other person will:

  (i)   in any case--comply with this Act; and

  (ii)   if subparagraph   ( a)(ii) applies--take all reasonable steps to ensure that the employees and agents of the other person comply with this Act;

    in relation to the sending of marketing faxes that are sent in order to give effect to the contract, arrangement or understanding.

Ancillary contraventions

  (2)   A person must not:

  (a)   aid, abet, counsel or procure a contravention of subsection   ( 1); or

  (b)   induce, whether by threats or promises or otherwise, a contravention of subsection   ( 1); or

  (c)   be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection   ( 1); or

  (d)   conspire with others to effect a contravention of subsection   ( 1).

Civil penalty provisions

  (3)   Subsections   ( 1) and (2) are civil penalty provisions .

Note:   Part   4 provides for pecuniary penalties for breaches of civil penalty provisions.

Validity of contracts, arrangements or understandings

  (4)   A failure to comply with subsection   ( 1) does not affect the validity of any contract, arrangement or understanding.