South Australian Consolidated Acts South Australian Consolidated Acts27—Prohibition of certain actions
(1) Where a
contract to which this Part applies has been rescinded, or is capable of being
rescinded, under this Division, a person must not, for the purpose of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: $10 000.
(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 Part 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capable of being, rescinded under this Division; or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or is not capable of being, so rescinded.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) It is a defence to
a charge for an offence against subsection (1) to prove that, at the time
of the alleged offence, the defendant did not know, and could not reasonably
be expected to have known, that the contract had been rescinded or was capable
of being rescinded.
(4) 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.
(5) A person who fails
to comply with an order under subsection (4) is guilty of an offence.
Maximum penalty: $10 000.