Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_154
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 154
Character Range: 241224–243717

154  Offering rebates, gifts, prizes etc.

 (1) A person commits an offence if:
 (a) the person, in trade or commerce, offers any rebate, gift, prize or other free item; and
 (b) the offer is connected with:
 (i) the supply or possible supply of goods or services; or
 (ii) the promotion by any means of the supply or use of goods or services; or
 (iii) the sale or grant, or the possible sale or grant, of an interest in land; or
 (iv) the promotion by any means of the sale or grant of an interest in land; and
 (c) the offer is made with the intention of not providing the rebate, gift, prize or other free item, or of not providing it as offered.

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, offers any rebate, gift, prize or other free item; and
 (b) the offer is connected with:
 (i) the supply or possible supply of goods or services; or
 (ii) the promotion by any means of the supply or use of goods or services; or
 (iii) the sale or grant, or the possible sale or grant, of an interest in land; or
 (iv) the promotion by any means of the sale or grant of an interest in land; and
 (c) the person fails to provide the rebate, gift, prize or other free item, in accordance with the offer, within the time specified in the offer or (if no such time is specified) within a reasonable time after making the offer.

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) Subsection (2) does not apply if:
 (a) the person's failure to provide the rebate, gift, prize or other free item in accordance with the offer was due to the act or omission of another person, or to some other cause beyond the person's control; and
 (b) the person took reasonable precautions and exercised due diligence to avoid the failure.

 (4) Subsection (2) does not apply to an offer that the person makes to another person if:
 (a) the person offers to the other person a different rebate, gift, prize or other free item as a replacement; and
 (b) the other person agrees to receive the different rebate, gift, prize or other free item.

 (5) Strict liability applies to subsections (1)(b) and (2)(b).

 (6) This section does not affect the application of any other provision of this Part in relation to the supply or acquisition, or the possible supply or acquisition, of interests in land.