Commonwealth Numbered Acts

TRADE PRACTICES AMENDMENT ACT 1977 No. 81 of 1977 - SECT 39

39. Section 64 of the Principal Act is amended-

   (a)  by inserting after sub-section (2) the following sub-sections:-

''(2A) A corporation shall not, in trade or commerce, assert a right to
payment from a person for unsolicited services unless the corporation has
reasonable cause to believe that there is a right to payment.

''(2B) Sub-section (2A) does not apply in relation to the assertion of a right
to payment from a person for unsolicited services if the person ordinarily
uses like services in the course of his profession, business, trade or
occupation.'';

   (b)  by omitting from sub-section (5) the words ''or of a charge for the
        making of an entry in a directory'' and substituting the words ''or
        services, or of a charge for the making of an entry in a directory,'';

   (c)  by inserting in paragraph (e) of sub-section (5), after the word
''goods'', the words ''or services'';

   (d)  by omitting sub-section (8); and

   (e)  by inserting in paragraph (a) of sub-section (9), after the word
''goods'', the words ''or unsolicited services''.