CIVIL LAW (WRONGS) ACT 2002 - SECT 179 Prosecutions for misrepresentation
CIVIL LAW (WRONGS) ACT 2002 - SECT 179
Prosecutions for misrepresentation(1) This section applies if in a prosecution for an offence against section 177 or section 178, it is proved that—
(a) a misrepresentation was in fact a material inducement to a person—
(i) to enter into a contract; or
(ii) to pay an amount, or to transfer real or personal property, to the person who made the misrepresentation or someone else; and
(b) the person who made the misrepresentation received a direct or indirect material advantage because of the contract, payment or transfer.
(2) It must be assumed, unless the contrary is proven,
that the misrepresentation was made to induce the person to whom it was made
to enter into the contract, make the payment or transfer the property.