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

(1) A regulated entity contravenes this subsection if the entity:

(a) is undertaking internal dispute resolution in dealing with a person’s complaint of a kind described in paragraph 58BZD(1)(a) or (b); and

(b) does not give the person a statement of compliance in accordance with subsection (2).

Note: This subsection only applies to the entity when the SPF rules prescribe matters for paragraphs (2)(b), (d) and (e) that are relevant to the complaint.

(2) For the purposes of paragraph (1)(b), the statement of compliance must:

(a) include a statement by the regulated entity about whether, based on information reasonably available to the entity at the time of making the statement, it has complied with its obligations under the SPF provisions that are relevant to the complaint; and

(b) contain the kinds of information prescribed by the SPF rules that are relevant to the complaint; and

(c) not contain the kinds of information (if any) prescribed by the SPF rules that are relevant to the complaint; and

(d) be in writing and signed by a person who is an authorised representative of the entity of a kind prescribed by the SPF rules; and

(e) be given in accordance with the timeframes, and in the manner and form, prescribed by the SPF rules.

(3) 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).

(4) A statement of compliance given by the entity under this section is admissible, in any proceeding that:

(a) relates to the complaint; and

(b) is under or relates to an SPF EDR scheme;

as prima facie evidence of the entity’s position, at the time of making the statement, on the matters in the statement.

(5) Nothing in this section limits or affects the admissibility in a proceeding of any other statement or evidence.

Related sections

• s 58BZB — Simplified outline of this Subdivision
• s 58BZC — Enabling SPF consumers to easily report activities that are or may be scams—civil penalty provision
• s 58BZD — Having an accessible and transparent internal dispute resolution mechanism—civil penalty provision
• s 58BZE — Having regard to processes and guidelines when undertaking internal dispute resolution—civil penalty provision
• s 58BZF — Publishing information about reporting and dispute resolution mechanisms—civil penalty provision
• s 58BZG — SPF external dispute resolution schemes—civil penalty provisions

Research how courts apply s 58BZDA

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