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Offences

Assertion of right to payment for unsolicited financial services etc.

Offence title:

 

Assertion of right to payment for unsolicited financial services etc.

Act:

 

12DM Australian Securities and Investments Commission Act

Offence:

(1)   A person must not, in trade or commerce, assert a right to payment from another person for unsolicited financial services;

(1AA) A person must not, in trade or commerce, send to another person an invoice or other document that:

(a) states the amount of a payment, or sets out the charge, for supplying unsolicited financial services; and

(b) does not contain a warning statement that complies with the requirements set out in the regulations.

Penalty:

 

2,000 penalty units

Summary/Indictable/mixed:

 

Summary

 

Jurisdiction:

 

Local Court

How committed:

 

(1)   A financial planner sends an invoice for the payment of a policy payment when person A did not sign up to the policy;

(1AA) As in (1) above and fails to provide the necessary warning

Important note:

Defence: There was a reasonable cause to believe payment was due.

 

Limitation period: 3 years

 

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