Document ID: chunk:federal_register_of_legislation:C2004C01260:clause:1_75azg
Version: federal_register_of_legislation:C2004C01260
Segment Type: clause
Provision Reference: sch 1 cl 75AZG
Character Range: 56605–57631

75AZG  Offering gifts and prizes

 (1) If:
 (a) a corporation offers gifts, prizes or other free items; and
 (b) the corporation offers the gifts, prizes or other free items 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; and
 (c) when the corporation so offers them, it intends not to provide them, or not to provide them as offered;
the corporation is guilty of an offence punishable on conviction by a fine not exceeding 2,000 penalty units.

 (2) For the purposes of the application of the Criminal Code in relation to subsection (1), paragraphs (1)(b) and (c) are taken to be circumstances in which the conduct described in paragraph (1)(a) occurs.

 (3) Strict liability applies in relation to paragraph (1)(b).

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.