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CIVIL LAW (WRONGS) ACT 2002 - SECT 178 Employer etc liable for misrepresentation

CIVIL LAW (WRONGS) ACT 2002 - SECT 178

Employer etc liable for misrepresentation

    (1)     If the misrepresentation mentioned in section 177 (1) is made by a person acting in the course of his or her employment, the person's employer commits an offence.

Maximum penalty: 200 penalty units.

    (2)     If the misrepresentation mentioned in section 177 (1) is made by a person authorised to act for someone else, the other person commits an offence.

Maximum penalty: 200 penalty units.

    (3)     It is a defence to a prosecution for an offence against this section—

        (a)     that the defendant took reasonable precautions to prevent misrepresentations being made by the defendant's employees or people acting for the defendant; or

        (b)     that the defendant did not know, and could not reasonably be expected to have known, that the representation was made or that it was untrue.