Electronic Transactions Act, 2008
(j) for the provision of accommodation, transport, catering or
leisure services where the supplier has commenced the provision of these services on a specific date or within a specific
period.
Unsolicited goods, services or communications
50. (1) Except in the case of a notice sent by an electronic communications provider to a customer in relation to the service, a person shall not
send unsolicited electronic communications to a consumer without
obtaining the prior consent of the consumer.
(2) A person who sends electronic commercial communication to
a consumer shall provide the consumer
(a) with the option to cancel the subscription to the mailing list
of that person, and
(b) with the identifying particulars of the source from which that
person obtained the consumer’s personal information at the
request of the consumer.
(3) An agreement shall not be deemed to have been concluded
where a consumer fails to respond to an unsolicited communication; and
the consumer is entitled to recover the costs associated with the cancellation of unsolicited communication.
(4) A person who contravenes subsection (1) commits an offence
and is liable on summary conviction to a fine of not more than five thousand
penalty units or a term of imprisonment of not more than ten years or
to both.
(5) A person who sends unsolicited commercial communications
to another person or who continues to send unsolicited commercial communications after cancellation of the subscription commits an offence and
is liable on summary conviction to a fine of not more than five thousand
penalty units or a term of imprisonment of not more than ten years or to
both.
Liability for misuse of electronic payment medium
51. (1) A holder of an electronic payment medium shall not, unless
acting in collusion with another person, be liable to the issuer for loss arising from use of the medium by a person who is not acting or being treated
as acting as the agent of the holder.
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