Commonwealth Consolidated Acts

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TRADE PRACTICES ACT 1974 - SECT 53

False or misleading representations

                   A corporation shall not, in trade or commerce, in connexion with the supply or possible supply of goods or services or in connexion with the promotion by any means of the supply or use of goods or services:

                     (a)  falsely represent that goods are of a particular standard, quality, value, grade, composition, style or model or have had a particular history or particular previous use;

                    (aa)  falsely represent that services are of a particular standard, quality, value or grade;

                     (b)  falsely represent that goods are new;

                    (bb)  falsely represent that a particular person has agreed to acquire goods or services;

                     (c)  represent that goods or services have sponsorship, approval, performance characteristics, accessories, uses or benefits they do not have;

                     (d)  represent that the corporation has a sponsorship, approval or affiliation it does not have;

                     (e)  make a false or misleading representation with respect to the price of goods or services;

                    (ea)  make a false or misleading representation concerning the availability of facilities for the repair of goods or of spare parts for goods;

                    (eb)  make a false or misleading representation concerning the place of origin of goods;

                      (f)  make a false or misleading representation concerning the need for any goods or services; or

                     (g)  make a false or misleading representation concerning the existence, exclusion or effect of any condition, warranty, guarantee, right or remedy.

Note:          For rules relating to representations as to the country of origin of goods, see Division 1AA (sections 65AA to 65AN).



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