Document ID: chunk:federal_register_of_legislation:C2004C01260:clause:1_75azc
Version: federal_register_of_legislation:C2004C01260
Segment Type: clause
Provision Reference: sch 1 cl 75AZC
Character Range: 50611–52468

75AZC  False or misleading representations

 (1) A corporation must not, in trade or commerce, in connection with the supply or possible supply of goods or services, or in connection with the promotion by any means of the supply or use of goods or services, do any of the following:
 (a) falsely represent that goods are of a particular standard, quality, value, grade, composition, style or model, or have had a particular history or particular previous use;
 (b) falsely represent that services are of a particular standard, quality, value or grade;
 (c) falsely represent that goods are new;
 (d) falsely represent that a particular person has agreed to acquire goods or services;
 (e) represent that goods or services have sponsorship, approval, performance characteristics, accessories, uses or benefits they do not have;
 (f) represent that the corporation has a sponsorship, approval or affiliation it does not have;
 (g) make a false or misleading representation about the price of goods or services;
 (h) make a false or misleading representation about the availability of facilities for the repair of goods or of spare parts for goods;
 (i) make a false or misleading representation about the place of origin of goods;
 (j) make a false or misleading representation about the need for any goods or services;
 (k) make a false or misleading representation about the existence, exclusion or effect of any condition, warranty, guarantee, right or remedy.

Penalty: 2,000 penalty units.

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

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.

Note 3: For rules relating to representations as to the country of origin of goods, see Division 1AA of Part V (sections 65AA to 65AN).