Document ID: chunk:federal_register_of_legislation:C2010A00044:clause:2_87zl:p1
Version: federal_register_of_legislation:C2010A00044
Segment Type: clause
Provision Reference: sch 2 cl 87ZL (pt 1/2)
Character Range: 42595–45240

87ZL  Commission may require claims to be substantiated etc.
 (1) This section applies if a person has made a claim or representation promoting, or apparently intended to promote:
 (a) a supply, or possible supply, of goods or services by a corporation; or
 (b) a sale or grant, or possible sale or grant, of an interest in land (within the meaning of section 53A) by a corporation; or
 (c) employment that is to be, or may be, offered by a corporation;
including any such claim or representation made by the corporation.
 (2) The Commission may give the person who has made the claim or representation a written notice that requires the person to do one or more of the following:
 (a) give information and/or produce documents to the Commission that could be capable of substantiating or supporting the claim or representation;
 (b) if the claim or representation relates to a supply, or possible supply, of goods or services by a corporation—give information and/or produce documents to the Commission that could be capable of substantiating:
 (i) the quantities in which; and
 (ii) the period for which;
  the corporation is or will be able to make such a supply (whether or not the claim or representation relates to those quantities or that period);
 (c) give information and/or produce documents to the Commission that are of a kind specified in the notice;
within 21 days after the notice is given to the person.
 (3) Any kind of information or documents that the Commission specifies under paragraph (2)(c) must be a kind that the Commission is satisfied is relevant to:
 (a) substantiating or supporting the claim or representation; or
 (b) if the claim or representation relates to a supply, or possible supply, of goods or services by a corporation—substantiating the quantities in which, or the period for which, the corporation is or will be able to make such a supply.
 (4) The notice must:
 (a) name the person to whom it is given; and
 (b) specify the claim or representation to which it relates; and
 (c) explain the effect of sections 87ZM, 87ZN and 87ZO.
 (5) The notice may relate to more than one claim or representation that the person has made.
 (6) This section does not apply to a person in relation to a claim or representation made by the person if the person:
 (a) is a prescribed information provider within the meaning of section 65A; and
 (b) made the claim or representation by publishing it on behalf of another person in the course of carrying on a business of providing information; and
 (c) does not have a commercial relationship with the other person other than for the purpose of:
 (i) publishing claims or