Agreements for the carrying on of telemarketing activities or fax marketing activities must require compliance with this Part
139 Agreements for the carrying on of telemarketing activities or fax marketing activities must require compliance with this Part
A person (the first person) must not enter into a contract or arrangement, or arrive at an understanding, with another person, if:
under the contract, arrangement or understanding, the other person undertakes to carry on one or more telemarketing activities or fax marketing activities; and
the contract, arrangement or understanding does not contain an express provision to the effect that the other person will comply with this Part in relation to the telemarketing activities or fax marketing activities covered by the contract, arrangement or understanding.
Ancillary contraventions
A person must not:
aid, abet, counsel or procure a contravention of subsection (1); or
induce, whether by threats or promises or otherwise, a contravention of subsection (1); or
be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or
conspire with others to effect a contravention of subsection (1).
Civil penalty provisions
Subsections (1) and (2) are civil penalty provisions.
Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
Validity of contracts, arrangements or understandings
A failure to comply with subsection (1) does not affect the validity of any contract, arrangement or understanding.
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