Australian Capital Territory Numbered Acts

FAIR TRADING ACT 1992 (NO. 72 OF 1992) - SECT 26

26. (1) A person shall not use physical force or undue harassment or coercion in connection with the supply or possible supply of goods or services to a consumer or the payment for goods or services by a consumer.

(2) Without limiting the generality of subsection (1), the following conduct constitutes undue harassment or coercion—

        (a)     using documents resembling court documents or official documents to mislead a debtor in connection with a debt or the consequences of non-payment;

        (b)     misrepresenting to a debtor the consequences of non-payment of the debt or of debt recovery procedures;

        (c)     serving unissued summonses;

        (d)     impersonation of bailiffs or police;

        (e)     carrying dangerous weapons within the meaning of the Weapons Act 1991 ;

        (f)     use by creditors of letterhead which is liable to mislead the recipient to believe that the creditor is an independent debt collector;

        (g)     use by creditors or debt collectors of letterhead which is liable to mislead the recipient to believe that the sender of the letter is a solicitor or the employee of a solicitor;

        (h)     unwarranted disclosure, or threat of disclosure, of debt information to third parties who do not have a clear and legitimate interest in the information;

              (i)     unreasonable communication with a debtor.