Document ID: chunk:federal_register_of_legislation:C2004C01260:clause:1_75azd
Version: federal_register_of_legislation:C2004C01260
Segment Type: clause
Provision Reference: sch 1 cl 75AZD
Character Range: 52468–55057

75AZD  False representations and other misleading or offensive conduct in relation to land

 (1) A corporation must not, in trade or commerce, in connection with the sale or grant, or the possible sale or grant, of an interest in land, or in connection with the promotion by any means of the sale or grant of an interest in land:
 (a) represent that the corporation has a sponsorship, approval or affiliation it does not have; or
 (b) make a false or misleading representation about the nature of the interest in the land, the price payable for the land, the location of the land, the characteristics of the land, the use to which the land is capable of being put, or may lawfully be put, or the existence or availability of facilities associated with the land.

Penalty: 2,000 penalty units.

 (2) If:
 (a) a corporation offers gifts, prizes or other free items; and
 (b) the corporation offers the gifts, prizes or other items, in trade or commerce, in connection with the sale or grant, or the possible sale or grant, of an interest in land, or in connection with the promotion by any means of the sale or grant of an interest in land; and
 (c) when the corporation so offers the gifts, prizes or other free items it intends not to provide them, or not to provide them as offered;
the corporation is guilty of an offence punishable on conviction by a fine not exceeding 2,000 penalty units.

 (3) If:
 (a) a corporation uses physical force or undue harassment or coercion; and
 (b) the corporation uses such force, harassment or coercion in connection with the sale or grant, or the possible sale or grant, of an interest in land, or the payment for an interest in land;
the corporation is guilty of an offence punishable on conviction by a fine not exceeding 2,000 penalty units.

 (4) For the purposes of the application of the Criminal Code in relation to subsection (2), paragraphs (2)(b) and (c) are taken to be circumstances in which the conduct described in paragraph (2)(a) occurs.

 (5) Subsection (1) is an offence of strict liability.

 (6) Strict liability applies to paragraphs (2)(b) and (3)(b).

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: For strict liability, see section 6.1 of the Criminal Code.

 (7) Nothing in this section is to be taken as implying that other provisions in this Part do not apply in relation to the supply or acquisition, or the possible supply or acquisition, of an interest in land.

 (8) In this section:

interest, in relation to land, has the same meaning as in section 53A.