Part 4A
Consumer transactions and auctions
Uninvited direct sales
36RADirections to leave premises or not enter premises
This section applies to a person who, for the purpose of negotiating an uninvited direct sale agreement,—
- is about to enter residential premises; or
- has entered residential premises.
The person must not enter the premises if directed not to enter by anyone who—
- resides at the premises; or
- is acting with the actual or apparent authority of someone residing at the premises.
The person must leave the premises as soon as possible if directed to leave by anyone who—
- resides at the premises; or
- is acting with the actual or apparent authority of someone residing at the premises.
A direction under subsection (2) or (3)—
- may be verbal or in written or other visual form; and
- must be audible or visible; and
- may be a general standing direction (for example, a notice on a gate or front door directing salespeople not to call) or a specific direction (for example, a face-to-face spoken direction).
If the direction is a specific one, the person must not, for the purpose of negotiating an uninvited direct sale agreement, enter or re-enter the premises within 2 years after the direction is given.
Notes
- Section 36RA: inserted, on , by section 9 of the Fair Trading Amendment Act 2021 (2021 No 32).