Western Australian Consolidated Acts Western Australian Consolidated Acts (1) For the purposes
of section 29, a person shall be taken to assert a right to payment from
another person for unsolicited goods or unsolicited services, or of a charge
for the making of an entry in a directory, if the first-mentioned
person —
(a)
makes a demand for the payment or asserts a present or prospective right to
the payment;
(b)
threatens to bring any legal proceedings with a view to obtaining the payment;
(c)
places or causes to be placed the name of the other person on a list of
defaulters or debtors, or threatens to do so, with a view to obtaining the
payment;
(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 making of
the entry and not stating as prominently (or more prominently) that no claim
is made to the payment, or to payment of the price or charge, as the case may
be.
(2) A person shall not
be taken for the purposes of section 29 to have authorised the making of
an entry in a directory unless —
(a) a
document authorising the making of the entry has been signed by, or with the
authority of, the person;
(b) the
document specifies —
(i)
the name of the directory;
(ii)
the name and address of the person publishing the
directory;
(iii)
particulars of the entry; and
(iv)
the amount of the charge for the making of the entry or
the basis on which the charge is, or is to be calculated;
and
(c) a
copy of the document has been given to the person before the right to payment
of a charge for the making of the entry is asserted.
(3) For the purposes
of section 29, an invoice or other document purporting to have been sent
by or on behalf of a person shall be deemed to have been sent by that person
unless the contrary is established.
(4) In a proceeding
against a person in respect of a contravention of
section 29 —
(a) in
the case of a contravention constituted by asserting a right to payment from
another person for unsolicited goods or unsolicited
services — the burden lies on the defendant of proving that
the defendant has reasonable cause to believe that there was a right to
payment; or
(b) in
the case of a contravention constituted by asserting a right to payment from
another person of a charge for the making of an entry in a
directory — the burden lies on the defendant of proving that
the defendant knew or had reasonable cause to believe that the other person
had authorised the making of the entry.
(5) For the purposes
of section 29, where goods of a kind similar to the goods that a person
has requested be sent to him are sent with a view to satisfying that request,
those goods are not for that reason alone unsolicited gifts.
(6) For the purposes
of section 29 and of this section —
directory includes any publication of a similar
nature to a directory but does not include a newspaper published in good faith
as a newspaper at regular intervals or a publication published, or to be
published, by or under the authority of the Australian Telecommunications
Commission; and
making , in relation to an entry in a directory,
means including, or arranging for the inclusion of, the entry.