Agreements that are not unsolicited consumer agreements—general
81 Agreements that are not unsolicited consumer agreements—general
For subsection 69(4) of the Australian Consumer Law, the following kinds of agreement are not unsolicited consumer agreements:
a business contract;
a discontinued negotiations agreement;
an agreement made in the course of a party plan event;
a renewable agreement of the same kind;
a subsequent agreement of the same kind.
In this regulation:
business contract means an agreement for the supply of goods or services not of a kind ordinarily acquired for personal, domestic or household use or consumption.
discontinued negotiations agreement means an agreement made as a result of:
a consumer for an unsolicited consumer agreement discontinuing negotiations with the supplier for the unsolicited consumer agreement; and
the consumer subsequently initiating negotiations with the supplier for the unsolicited consumer agreement.
invitation, for a party plan event, means:
an express statement that the persons invited to attend the party plan event are invited to the event for the purpose of negotiating for the supply of goods or services to 1 or more of the persons; or
an implied statement that a reasonable consumer would understand to be an invitation to attend the party plan event for the purpose of negotiating for the supply of goods or services to 1 or more persons.
inviter, for a party plan event, means the person who invites another person to the party plan event.
party plan event means an event for which the following circumstances exist:
the purpose of the event is to negotiate for:
the supply of goods or services to 1 or more persons; or
the supply of goods and services to 1 or more persons;
before the event, the inviter for the party plan event invites 3 or more persons to attend the party plan event;
during the event, the persons are in the same premises as the inviter for the party plan event or a representative of the inviter for the party plan event.
renewable agreement of the same kind means an agreement made in the following circumstances:
a consumer and a supplier are parties to an agreement, for the supply of goods or services, that is in force;
the consumer and supplier enter into another agreement for the supply of goods or services that are of the same kind as the goods or services supplied under the existing contract.
subsequent agreement of the same kind means an agreement made in the following circumstances:
a consumer and a supplier are parties to an agreement for the supply of goods or services;
the goods or services are supplied;
within 3 months of the supply of the goods or services:
the consumer and supplier enter into 1 or more other agreements for the supply of goods or services of the same kind as the goods or services supplied under the agreement; and
the total value of the other agreements is an amount of $500 or less.
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