Commonwealth Numbered Acts Commonwealth Numbered Acts(1) A person (the first person ) must not enter into a contract or arrangement, or arrive at an understanding, with another person, if:
(a) under the contract, arrangement or understanding, the other person undertakes to:
(i) make telemarketing calls; or
(ii) cause any or all of the employees or agents of the other person to make telemarketing calls; and
(b) there is a reasonable likelihood that some or all of those calls will be made to telephone 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 making of telemarketing calls covered by 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).
(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.