Western Australian Consolidated Acts

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FAIR TRADING ACT 1987 - SECT 29

29 .         Assertion of right to payment for unsolicited goods or services, or for making entry in directory (TPA s. 64)

        (1)         A person shall not, in trade or commerce, assert a right to payment from another person for unsolicited goods unless the person asserting the right has reasonable cause to believe that there is a right to payment.

        (2)         A person shall not, in trade or commerce, assert a right to payment from another person for unsolicited services unless the person asserting the right has reasonable cause to believe that there is a right to payment.

        (3)         A person shall not assert a right to payment from another person of a charge for the making in a directory of an entry relating to the other person, or to the profession, business, trade or occupation of the other person, unless the person asserting the right knows, or has reasonable cause to believe, that the other person has authorised the making of the entry.

        (4)         A person is not liable to make any payment to another person, and is entitled to recover by action in a court of competent jurisdiction against another person any payment made by the person to the other person, in full or part satisfaction of a charge for the making of an entry in a directory unless the first-mentioned person has authorised the making of the entry.

        (5)         A person shall not make a request in the name of another person — 

            (a)         that goods or services be supplied to that other person where, if those goods or services were supplied to that person, they would be unsolicited goods or unsolicited services; or

            (b)         that an entry be made in a directory relating to the other person, or to the profession, business, trade or occupation of the other person,

                unless the person making the request has the authority of that other person to make that request.

        Penalty: $2 000.



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