5.35 The Committee considers that the government`s intention to propose a 10-day cooling-off period is to extend the current time limit in most state statutes by 10 days. This gives consumers better protection to see if they want to opt out of an unsolicited agreement. The Committee does not consider that the timetable for the “working days” act should lead to considerable confusion or logistical complexity. State holidays can and should be taken into account when determining the cooling-off period. (Alternatively, the cooling time can be indicated in 14 days.) (a) a consumer is contacted regarding the provision of goods or services after informing a person through their name or contact information, and cannot consult or call consumers outside the permitted hours, unless it is done with their consent. For the third element, an invitation to give a prize for a service is not considered an invitation to enter into negotiations (s 69 (2) ACL). Similarly, a consumer who does not provide contact information for the overriding purpose of entering into negotiations or who contacts the distributor in an unsuccessful attempt to contact the consumer is not exempt from having invited the distributor to enter into negotiations (s 69 (1A) ACL). This provision overcomes a loophole in which consumers have asked a seller to visit them in their home, even if the invitation was made by the seller (for example. B when consumers communicate their contact information to the seller for another reason.. For example, a sales form filled out in a shopping mall). The Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 (Cth) amended the ACL to clarify that unsolicited agreements may be entered into in a public place when a consumer has not invited the distributor to visit the location. This ends some court decisions that have established that the definition of an “unsolicited agreement with consumers” would not cover sales in a public place. 5.5 The Consumer Action Law Centre compared the provisions of the Unsolicited Sales Act with the terms of the Victorian Fair Trading Act 1999.

Victorian legislation does not distinguish between unsolicited and requested in-home sales, but focuses exclusively on the context in which the interaction takes place. In its argument, the Centre stated that many sales in its own home were “requested” by the buyer, “who was generally approached from a supermarket stand or indicated in a selection procedure and was then “followed” by the supplier to arrange a visitation period.” [2] The following situations can also be considered as unsolicited approaches: 5.14 It appears that such general provisions are consistent with the government`s intent in the development of provisions for unsolicited consumer agreements.

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