ACCAN Informed Consent Project (21 August 2009)

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2.5. Fair Trading Act 1999 (Vic)

Section 67D of the Fair Trading Act 1999 (Vic)[9] also provides a useful checklist for obtaining consent in the telemarketing context:

(4) For the purposes of this section, explicit informed consent in relation to a telephone marketing agreement means the consent to make the agreement—

(a) must be given by the purchaser directly to the supplier or a person acting on behalf of the supplier—

(i) in writing signed by the purchaser; or

(ii) orally; and

(b) if given orally, must be recorded in accordance with subsection (5); and

(c) must be given only after the supplier or a person acting on behalf of the supplier has, clearly, fully and adequately disclosed all matters relevant to the consent of the purchaser, including each specific purpose or use of the consent.

This is one of the few examples of an additional requirement to record consent in the telecommunications sector if it is provided orally (although similar requirements are common in the financial services sector).

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[9] Fair Trading Act 1999 (Vic), <http://www.dms.dpc.vic.gov.au/>.

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