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Requirements when approaching consumers

Suppliers who contact a consumer, other than by telephone, must meet the following requirements.

Disclose purpose and show identification

The salesperson must explain upfront the purpose of the visit and provide identification.  Until 1 January 2012, a salesperson can choose to comply with the identification requirements of either:

  • the ACL; or
  • the relevant state or territory laws that applied prior to the ACL.

After this date, they must comply with the ACL.

Cease to negotiate

A salesperson must explain that they are required to leave upon the consumer’s request.

When a salesperson is told to leave, they must not contact the consumer again for at least 30 days about the particular product or service they were selling during the visit. However, a salesperson can visit the same consumer again about the sale of goods by a different supplier.

Contact details

An agreement signed by a salesperson on the supplier’s behalf must state:

  • That the salesperson is acting on the supplier’s behalf;
  • The salesperson’s full name;
  • The salesperson’s business address (not a post box) or residential address; and
  • The salesperson’s email address (if they have one).

Until 1 January 2012, a salesperson can choose to comply with the contact details requirements of either:

  • the ACL; or
  • the relevant state or territory laws that applied prior to the ACL.

After this date, they must comply with the ACL.

There are further requirements which apply to traders calling on consumers (as well as to telemarketers).