Document ID: chunk:federal_register_of_legislation:C2004C01246:clause:2_12bb
Version: federal_register_of_legislation:C2004C01246
Segment Type: clause
Provision Reference: sch 2 cl 12BB
Character Range: 52247–53158

12BB  Misleading representations

 (1) For the purposes of section 12CB and Subdivision D (sections 12DA to 12DN), if a corporation makes a representation about a future matter (including the doing of, or the refusing to do, any act) and the corporation does not have reasonable grounds for making the representation, the representation is taken to be misleading.

 (2) For the purpose of applying subsection (1) to a proceeding concerning a representation made by a corporation about a future matter, the corporation is taken not to have had reasonable grounds for making the representation unless it adduces evidence to the contrary.

 (3) Subsection (1) does not limit by implication the meaning of a reference in this Division to:
 (a) a misleading representation; or
 (b) a representation that is misleading in a material particular; or
 (c) conduct that is misleading or is likely or liable to mislead.