Victorian Numbered Regulations

FAIR TRADING REGULATIONS 2009 (SR NO 86 OF 2009) - REG 7

    The following classes of telephone marketing agreement are exempt from the provisions of Division 2A of Part 4 of the Act—

        (a)     an agreement for the supply of a financial product, or a managed investment scheme, within the meaning of the Corporations Act;

Note

The hawking of certain financial products and managed investment schemes is prohibited under the Corporations Act (see sections 992A and 992AA of that Act).

        (b)     if an agreement for the supply of goods or services exists between a purchaser and a supplier, an agreement between the purchaser and the supplier for the supply of goods or services that are of the same kind as those supplied under the existing agreement;

Examples

An example of such an exempted agreement is where the purchaser has joined a scheme (such as a wine society or club) and agrees to allow the supplier subsequently to telephone the purchaser to offer goods or services in connection with the scheme. In that case, the subsequent agreement for the supply of those goods or services is exempt.

An example of a telephone marketing agreement that is not for the supply of goods or services that are of the same kind as those supplied under an existing agreement is if a supplier of telecommunications services, who has an existing agreement with a purchaser for the supply of a landline telephone service, telephones the purchaser for the purpose of negotiating an agreement for the supply of a mobile telephone service or an Internet service. In such a case, the subsequent agreement for the supply of those other services is not exempt.

        (c)     if an agreement for the supply of goods or services exists between a purchaser and a supplier, a subsequent agreement between the purchaser and the supplier for the purposes of—

              (i)     maintaining the goods or services provided under the existing agreement; or

Example

The rectification of a fault in the goods supplied under the existing agreement.

              (ii)     making a minor change to the terms of the existing agreement.

Example

A change to the address to which payments are to be sent under an agreement for the supply of a mobile telephone service.