Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_152
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 152
Character Range: 239183–240651

152  False or misleading representations about sale etc. of land

 (1) A person commits an offence if the person, 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) makes a false or misleading representation that the person making the representation has a sponsorship, approval or affiliation; or
 (b) makes a false or misleading representation concerning the nature of the interest in the land; or
 (c) makes a false or misleading representation concerning the price payable for the land; or
 (d) makes a false or misleading representation concerning the location of the land; or
 (e) makes a false or misleading representation concerning the characteristics of the land; or
 (f) makes a false or misleading representation concerning the use to which the land is capable of being put or may lawfully be put; or
 (g) makes a false or misleading representation concerning the existence or availability of facilities associated with the land.

Penalty:
 (a) if the person is a body corporate—$1,100,000; or
 (b) if the person is not a body corporate—$220,000.

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

 (3) This section does not affect the application of any other provision of this Part in relation to the supply or acquisition, or the possible supply or acquisition, of interests in land.