Unsolicited agreements: Do we have to comply with the Aus Consumer Law sections as well as the anti-hawking sections of the Corps Act and DNCR Act?

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The relevant Division of the Australian Consumer Law (ACL) (Part 3-2, Division 2) does not apply in relation to conduct to which section 736, 992A or 992AA of the Corporations Act 2001 applies. Section 736 of the Corporations Act 2001 prohibits hawking of securities. Section 992A prohibits hawking of certain financial products such as life insurance and section 992AA prohibits hawking of managed investment products – section 95 ACL.

 

Also, the ACL provisions on calling hours do not apply to telephone sales that are regulated by the Do Not Call Register Act 2006 and associated legislation.

 

Please feel free to contact us if you require further information.

 

Author: Tim Nethercote

 

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