Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_159
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 159
Character Range: 249792–251226

159  Misleading representations about certain business activities

 (1) A person commits an offence if:
 (a) the person, in trade or commerce, makes a representation; and
 (b) the representation is false or misleading in a material particular; and
 (c) the representation concerns the profitability, risk or any other material aspect of any business activity that the person has represented as one that can be, or can be to a considerable extent, carried on at or from a person's place of residence.

Penalty:
 (a) if the person is a body corporate—$1,100,000; or
 (b) if the person is not a body corporate—$220,000.

 (2) A person commits an offence if:
 (a) the person, in trade or commerce, makes a representation; and
 (b) the representation is false or misleading in a material particular; and
 (c) the representation concerns the profitability, risk or any other material aspect of any business activity:
 (i) that the person invites (whether by advertisement or otherwise) other persons to engage or participate in, or to offer or apply to engage or participate in; and
 (ii) that requires the performance of work by other persons, or the investment of money by other persons and the performance by them of work associated with the investment.

Penalty:
 (a) if the person is a body corporate—$1,100,000; or
 (b) if the person is not a body corporate—$220,000.

 (3) Subsections (1) and (2) are offences of strict liability.