Queensland Consolidated Acts

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FAIR TRADING ACT 1989 - SECT 71

71 Prohibition of certain actions

(1) Where a contract to which this division applies has been rescinded, or is capable of being rescinded, under this division, no person shall, for the purpose of recovering an amount alleged to be payable by the consumer under the contract or a related contract or instrument--

(a) bring, or assert an intention to bring, legal proceedings against the consumer; or
(b) place the name of the consumer, or cause the name of the consumer to be placed, on any list of defaulters or debtors, or assert an intention of placing the name of the consumer, or causing the name of the consumer to be placed, on any such list; or
(c) take any other action against the consumer.

Maximum penalty--100 penalty units.

(2) Subsection (1)(a) does not prohibit--

(a) the bringing of, or the asserting of an intention to bring, legal proceedings to determine whether or not a contract to which this division applies has been, or is capable of being, rescinded under this division; or
(b) the continuation of such proceedings (for the purpose of recovering an amount alleged to be payable by the consumer under the contract or a related contract or instrument) where it is determined that the contract has not been, or is not capable of being, so rescinded.

(3) Where a person is convicted of an offence against subsection (1)(b), the court may order the person responsible for keeping any list on which the name of the consumer has been wrongfully placed to remove the name from that list.

(4) A person who fails to comply with an order under subsection (3) commits an offence against this Act.

Maximum penalty--100 penalty units.



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