Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 67E

Requirements for a telephone marketing agreement

67E. Requirements for a telephone marketing agreement



(1) Within 5 days after making the telephone marketing agreement or any longer
period agreed by the parties, the supplier must serve on the purchaser-

   (a)  a document evidencing the agreement (the agreement document); and

   (b)  a notice completed in accordance with Part 2 of Schedule 2 which may
        be used by the purchaser to cancel the agreement.

(2) The agreement document and notice referred to in subsection (1) may be
served on the purchaser-

   (a)  personally; or

   (b)  by post; or

   (c)  with the consent of the purchaser, by electronic communication.







(3) The following requirements must be complied with in relation to a
telephone marketing agreement-

   (a)  the agreement document must set out in full all the terms of the
        agreement, including-

   (i)  the total consideration to be paid or provided by the purchaser under
        the agreement or, if the total consideration is not ascertainable at
        the time the agreement is made, the manner in which it is to be
        calculated;

   (ii) any postal or delivery charges to be paid by the purchaser;

   (b)  the agreement document must-

   (i)  include on its front page a notice which must, in accordance with Part
        1 of Schedule 2, advise the purchaser of the right to cancel the
        agreement; and

   (ii) set out in full the name and business address (not being a post box)
        of the supplier; and

   (iii) be printed clearly or typewritten (apart from any amendments to the
        printed or typewritten form which may be handwritten) and otherwise
        must comply with section 163; and

   (c)  any amendments to the agreement must be signed by both parties to the
        agreement.

(4) The information required under subsections (3)(a)(i) and (3)(a)(ii),
(3)(b)(i) and (3)(b)(ii) must be conspicuous and prominent in the agreement
document or notice (as the case may be).



(5) The Director may approve an agreement or class of agreements or an
agreement document or class of agreement documents which do not comply with
the requirements of subsection (1)(b), (3) or (4) if the Director is satisfied
that the agreements or agreement documents provide a level of disclosure
substantially equivalent to the requirements of that provision.

(6) An agreement or agreement document approved, or in a class approved, under
subsection (5) is not required to comply with subsection (1)(b), (3) or (4).