Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 28

When right to payment deemed to be asserted

28. When right to payment deemed to be asserted

For the purposes of sections 24, 24A and 27, a person is deemed to assert a
right to a payment if that person-

   (a)  makes a demand for the payment or asserts a present or prospective
        right to the payment; or

   (b)  threatens to bring any legal proceedings with a view to obtaining the
        payment; or

   (c)  places or causes to be placed on a list of debtors or defaulters the
        name of the person against whom the right to payment is being
        asserted, or threatens to do so, with a view to obtaining the payment;
        or

   (d)  invokes or causes to be invoked any other collection procedure, or
        threatens to do so, with a view to obtaining the payment; or

   (e)  sends any invoice or other document stating the amount of the payment
        or setting out the price of the goods or services or the charge for
        the placing of the entry or advertisement.