Commonwealth Consolidated Acts

YEAR 2000 INFORMATION DISCLOSURE ACT 1999 - SECT 11

False statements and pre-contractual statements

(1)

The rules in section 10 do not apply to a person (the first person ) if:

(a)

the Year 2000 disclosure statement is false or misleading in a material particular and the first person:

(i)

knew that the statement was false or misleading in a material particular; or

(ii)

was reckless as to whether the statement was false or misleading in a material particular; or

(b)

all of the following conditions are satisfied:

(i)

the Year 2000 disclosure statement was made to another person (otherwise than in the other person's capacity as a member of the public or of a section of the public) in connection with the formation of a contract;

(ii)

the other person, or a representative of the other person, is a party to the civil action;

(iii)

the civil action relates to the contract.

Statements made in fulfilment of an obligation

(2)

The rules in section 10 do not apply to a Year 2000 disclosure statement if:

(a)

the Year 2000 disclosure statement was made in fulfilment of an obligation imposed under a contract; or

(b)

the Year 2000 disclosure statement was made in fulfilment of an obligation imposed under a law of the Commonwealth, a State or a Territory.

Statements made to induce consumers to acquire goods or services

(3)

The rules in section 10 do not apply to a civil action if:

(a)

all of the following conditions are satisfied:

(i)

the Year 2000 disclosure statement was made for the sole or dominant purpose of inducing persons to acquire goods or services identified in the statement;

(ii)

any of those persons acquired the goods or services as a consumer;

(iii)

the consumer concerned, or a representative of the consumer concerned, is a party to the civil action;

(iv)

the civil action relates to the goods or services acquired by the consumer; or

(b)

all of the following conditions are satisfied:

(i)

the Year 2000 disclosure statement was made for the sole or dominant purpose of inducing a particular consumer to acquire goods or services identified in the statement;

(ii)

the consumer acquired the goods or services;

(iii)

the consumer, or a representative of the consumer, is a party to the civil action;

(iv)

the civil action relates to the goods or services acquired by the consumer.

Note: For the definition of consumer , see subsections (6), (7) and (8).

Injunctions, declarations, regulatory or enforcement proceedings, intellectual property rights

(4)

The rules in section 10 do not apply to a civil action to the extent to which:

(a)

the civil action consists of proceedings for a restraining injunction or for declaratory relief; or

(b)

the civil action consists of proceedings instituted by a person or body under a law of the Commonwealth, a State or a Territory:

(i)

in the performance of a regulatory or enforcement function conferred on the person or body by such a law; or

(ii)

in the exercise of a regulatory or enforcement power conferred on the person or body by such a law; or

(c)

the civil action is an action for infringement of copyright, a trade mark, a design or a patent.

Paragraphs not limited

(5)

The paragraphs of subsections (1), (2), (3) and (4) do not limit each other.

Consumers—goods and non-financial services

(6)

Section 4B of the Trade Practices Act 1974 applies for the purposes of paragraphs (3)(a) and (b) of this section in a corresponding way to the way in which it applies for the purposes of the Trade Practices Act 1974 .

(7)

For the purposes of subsection (6), it is to be assumed that a reference in section 4B of the Trade Practices Act 1974 to services does not include a reference to financial services (within the meaning of that Act).

Consumers—financial services

(8)

Section 12BC of the Australian Securities and Investments Commission Act 2001 applies for the purposes of paragraphs (3)(a) and (b) of this section in a corresponding way to the way in which it applies for the purposes of Division 2 of Part 2 of that Act.