Document ID: chunk:federal_register_of_legislation:C2025C00189:clause:2_151:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: clause
Provision Reference: sch 2 cl 151 (pt 2/2)
Character Range: 2617297–2618642

For the purposes of applying subsection (1) in relation to a proceeding concerning a representation of a kind referred to in subsection (1)(e) or (f), the representation is taken to be misleading unless evidence is adduced to the contrary.
 (3) To avoid doubt, subsection (2) does not:
 (a) have the effect that, merely because such evidence to the contrary is adduced, the representation is not misleading; or
 (b) have the effect of placing on any person an onus of proving that the representation is not misleading.
 (4) Subsection (1) is an offence of strict liability.

Penalty
 (5) An offence against subsection (1) committed by a body corporate is punishable on conviction by a fine of not more than the greater of the following:
 (a) $50,000,000;
 (b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the commission of the offence—3 times the value of that benefit;
 (c) if the court cannot determine the value of that benefit—30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
 (6) An offence against subsection (1) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $2,500,000.