Document ID: chunk:federal_register_of_legislation:C2025C00189:clause:2_156
Version: federal_register_of_legislation:C2025C00189
Segment Type: clause
Provision Reference: sch 2 cl 156
Character Range: 2626183–2627301

156  Misleading conduct as to the nature etc. of services
 (1) A person commits an offence if the person, in trade or commerce, engages in conduct that is liable to mislead the public as to the nature, the characteristics, the suitability for their purpose or the quantity of any services.
 (2) Subsection (1) is an offence of strict liability.

Penalty
 (3) 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.
 (4) 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.