Tertiary education program

Wrongly accepting payment

The ACL prohibits a business from accepting payment or other consideration for goods or services if:

  • it does not intend to supply them, or intends to supply something materially different
  • there are reasonable grounds for believing that the business won't be able to supply them on time, and the supplier is aware or ought reasonably be aware of those grounds.

Case study

It would be unlawful for a business to accept payment for providing telecommunications services when it had reasonable grounds for believing that it could not actually provide services to someone in the consumer's location.

See: ACCC v EDirect Pty Ltd [2012] FCA 976