Section 58BZC — Competition and Consumer Act 2010 (Cth)

(1) A regulated entity contravenes this subsection if the entity does not have an accessible mechanism for a person to report to the entity an activity that:

(a) is or may be a scam; and

(b) relates to, is connected with, or uses a regulated service of the entity; and

(c) impacts the person at a time when the person is an SPF consumer of the service.

Note: The reporting mechanism will need to extend to scams impacting the person at a time when the regulated service is only purportedly being provided to the person (see subsection 58AH(1) (about the meaning of SPF consumer)).

(2) Subsection (1) is a civil penalty provision.

Note: This means subsection (1) is a civil penalty provision of an SPF principle for the purposes of section 58FJ (about civil penalties).

Related sections

• s 58BZ — Sector‑specific details can be set out in SPF codes
• s 58BZA — Safe harbour for taking actions to disrupt an activity while investigating whether the activity is a scam
• s 58BZB — Simplified outline of this Subdivision
• s 58BZD — Having an accessible and transparent internal dispute resolution mechanism—civil penalty provision
• s 58BZDA — Giving a statement of compliance—civil penalty provision
• s 58BZE — Having regard to processes and guidelines when undertaking internal dispute resolution—civil penalty provision

Research how courts apply s 58BZC

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.