Document ID: chunk:federal_register_of_legislation:C2025C00189:section:58ag
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 58AG
Character Range: 956173–957281

58AG  Meaning of scam
 (1) A scam is a direct or indirect attempt (whether or not successful) to engage an SPF consumer of a regulated service where it would be reasonable to conclude that the attempt:
 (a) involves deception (see subsection (2)); and
 (b) would, if successful, cause loss or harm including obtaining SPF personal information of, or a financial or other benefit from, the SPF consumer or the SPF consumer's associates.
 (2) The attempt involves deception if the attempt:
 (a) deceptively represents something to be (or to be related to) the regulated service; or
 (b) impersonates a regulated entity in connection with the regulated service; or
 (c) is an attempt to deceive the SPF consumer into:
 (i) performing an action using the regulated service; or
 (ii) facilitating another person to perform an action using the regulated service; or
 (d) is an attempt to deceive the SPF consumer that is made using the regulated service.
 (3) The attempt may be a single act or a course of conduct.
 (4) However, the attempt is not a scam if the attempt is of a kind prescribed by the SPF rules.