Document ID: chunk:federal_register_of_legislation:C2004C01246:clause:2_12dg
Version: federal_register_of_legislation:C2004C01246
Segment Type: clause
Provision Reference: sch 2 cl 12DG
Character Range: 65462–67190

12DG  Bait advertising

 (1) A corporation must not, in trade or commerce, advertise financial services for supply at a specified price, if there are reasonable grounds, of which the corporation is aware or ought reasonably to be aware, for believing that the corporation will not be able to offer for supply those services at that price:
 (a) for a period that is; and
 (b) in quantities that are;
reasonable having regard to the nature of the market in which the corporation carries on business and the nature of the advertisement.

 (2) A corporation that has, in trade or commerce, advertised financial services for supply at a specified price must offer such services for supply at that price:
 (a) for a period that is; and
 (b) in quantities that are;
reasonable having regard to the nature of the market in which the corporation carries on business and the nature of the advertisement.

 (3) In a prosecution of a corporation under Subdivision G (sections 12GA to 12GO) in relation to a failure to offer financial services to a person (the customer) in accordance with subsection (2), it is a defence if the corporation establishes that:
 (a) it offered to supply, or to procure another person to supply, services of the kind advertised to the customer within a reasonable time, in a reasonable quantity and at the advertised price; or
 (b) it offered to supply immediately, or to procure another person to supply within a reasonable time, equivalent services to the customer in a reasonable quantity and at the price at which the first-mentioned services were advertised;
and, in either case, if the offer was accepted by the customer, the corporation has so supplied, or procured another person to supply, services.