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.
(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).
(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.