CIVIL LIABILITY ACT 2002 - SECT 20

CIVIL LIABILITY ACT 2002 - SECT 20

20 .         Prohibition against paying, or seeking payment, for touting

        (1)         A person must not provide or offer to provide, or receive or seek to receive, a fee for the soliciting or inducing of a potential claimant to make a claim.

        Penalty: $10 000.

        (2)         A person does not commit an offence against subsection (1) if the fee is for a person who is not a lawyer and is not acting for a lawyer, in the ordinary course of business as an advertiser or publisher, advertising legal services about claims.

        (3)         A person does not commit an offence against subsection (1) if the fee is for professional services provided by a person who is a lawyer or is acting for a lawyer to the potential claimant in the process of making a claim.

        (4)         In this section —

        fee includes the following —

            (a)         a bonus, commission, cash payment, deduction, discount, rebate, remission or other valuable consideration;

            (b)         employment, or an agreement to give employment, in any capacity.

        [Section 20 amended: No. 9 of 2022 s. 341.]