Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_219:p1
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 219 (pt 1/2)
Character Range: 313039–315652

219  Regulator may require claims to be substantiated etc.

 (1) This section applies if a person has, in trade or commerce, made a claim or representation promoting, or apparently intended to promote:
 (a) a supply, or possible supply, of goods or services by the person or another person; or
 (b) a sale or grant, or possible sale or grant, of an interest in land by the person or another person; or
 (c) employment that is to be, or may be, offered by the person or another person.

 (2) The regulator may give the person who 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 regulator 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 the person or another person—give information and/or produce documents to the regulator that could be capable of substantiating:
 (i) the quantities in which; and
 (ii) the period for which;
  the person or other person 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 regulator that are of a kind specified in the notice;
within 21 days after the notice is given to the person who made the claim or representation.

 (3) Any kind of information or documents that the regulator specifies under subsection (2)(c) must be a kind that the regulator 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 the person or another person—substantiating the quantities in which, or the period for which, the person or other person 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 220, 221 and 222.

 (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 who made the claim or representation if the person:
 (a) is an information provider; 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