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Schedule 5—Pricing

Schedule 5 Pricing


Competition and Consumer Act 2010

1  Paragraph 48(7)(a) of Schedule 2

Repeal the paragraph, substitute:

                     (a)  a charge of any description payable to the person making the representation by another person unless:

                              (i)  the charge is payable at the option of the other person; and

                             (ii)  at or before the time of the representation, the other person has either deselected the charge or not expressly requested that the charge be applied;

2  Subsection 48(7) of Schedule 2 (example 1)

Repeal the example, substitute:

Example 1: An airline advertises a flight for sale. Persons have the option of paying for a carbon offset. If the carbon offset is preselected on the airline’s online booking system, the single price for the flight must include the carbon offset charge. This is because the person has not, at or before the time of the representation, deselected the charge on the online booking site. If the person deselects the optional carbon offset charge later in the online booking process, the single price does not need to include the carbon offset charge after the charge is deselected because of the exception provided by paragraphs (a)(i) and (ii).