Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 21

Harassment and coercion

21. Harassment and coercion



(1) A person must not use physical force or undue harassment or coercion in
connection with the supply or possible supply of goods or services to another
person or the payment for goods or services by another person.

Penalty: 600 penalty units, in the case of a natural person.
1200 penalty units, in the case of a body corporate.

(2) Without limiting subsection (1) the following conduct is deemed to be a
contravention of subsection (1)-

   (a)  using a document resembling a court document or a Tribunal document or
        an official document to mislead a person in connection with a debt or
        the consequences of not paying a debt;

   (b)  making a misrepresentation to a debtor about the consequences of not
        paying a debt or about the method of recovering a debt;

   (c)  serving a summons which has not been issued;

   (d)  impersonation of a bailiff or a member of the police force;

   (e)  carrying a firearm within the meaning of the Firearms Act 1996 or a
        dangerous article within the meaning of the
        Control of Weapons Act 1990;

   (f)  use of a letterhead by a person which is liable to mislead the person
        to whom the letter is sent as to the identity, status or role of the
        person who used the letterhead;

   (g)  disclosure or threat of disclosure of debt information, without the
        consent of the debtor, to other persons who do not have a clear and
        legitimate interest in the information;

   (h)  unreasonable communication with a debtor;

        (i)    any communication with a person under 18 years of age in
               relation to a debt, if the person is not the debtor;

   (j)  doing or threatening to do any act that may intimidate, harass or
        expose to ridicule a debtor or a member of a family of a debtor;

   (k)  refusal to leave a person's private residence or workplace when
        requested to do so;

   (l)  contact with a debtor by a method which the debtor has asked not to be
        used, unless-

   (i)  there is no other method available; or

   (ii) the contact is by way of an action issued through the court or the
        threat of an action which the person to whom the debt is owed is
        entitled to issue through the court and which the person intends to
        take.