Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_157
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 157
Character Range: 244670–246740

157  Bait advertising

 (1) A person commits an offence if:
 (a) the person, in trade or commerce, advertises goods or services for supply at a specified price; and
 (b) there are reasonable grounds for believing that the person will not be able to offer for supply those goods or services at that price for a period that is, and in quantities that are, reasonable, having regard to:
 (i) the nature of the market in which the person carries on business; and
 (ii) the nature of the advertisement.

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, advertises goods or services for supply at a specified price; and
 (b) the person fails to offer such goods or services for supply at that price for a period that is, and in quantities that are, reasonable having regard to:
 (i) the nature of the market in which the person carries on business; and
 (ii) the nature of the advertisement.

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.

 (4) In a prosecution of a person (the defendant) under subsection (2), for failing to offer goods or services to another person (the customer), it is a defence if:
 (a) the defendant proves that:
 (i) he or she offered to supply, or to procure a third person to supply, goods or services of the kind advertised to the customer within a reasonable time, in a reasonable quantity and at the advertised price; or
 (ii) he or she offered to supply immediately, or to procure a third person to supply within a reasonable time, equivalent goods or services to the customer in a reasonable quantity and at the price at which the first‑mentioned goods or services were advertised; and
 (b) in either case, if the offer was accepted by the customer, the defendant proves that he or she has so supplied, or procured a third person to supply, the goods or services.