Commonwealth Numbered Acts

TRADE PRACTICES AMENDMENT ACT 1977 No. 81 of 1977 - SECT 31

31. After section 53 of the Principal Act the following section is inserted:-
False representations and other misleading or offensive conduct in relation to
land.
''53A. (1) A corporation shall not, in trade or commerce, in connexion with
the sale or grant, or the possible sale or grant, of an interest in land or in
connexion with the promotion by any means of the sale or grant of an interest
in land-

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

   (b)  make a false or misleading statement concerning the nature of the
        interest in the land, the price payable for the land, the location of
        the land, the characteristics of the land, the use to which the land
        is capable of being put or may lawfully be put or the existence or
        availability of facilities associated with the land; or

   (c)  offer gifts, prizes or other free items with the intention of not
        providing them or of not providing them as offered.

''(2) A corporation shall not cause or permit a servant or agent of the
corporation to use, at a place of residence, physical force, undue harrassment
or coercion in connexion with the sale or grant, or the possible sale or
grant, of an interest in land or the payment for an interest in land.

''(3) In this section, 'interest', in relation to land, means-

   (a)  a legal or equitable estate or interest in the land;

   (b)  a right of occupancy of the land, or of a building or part of a
        building erected on the land, arising by virtue of the holding of
        shares, or by virtue of a contract to purchase shares, in an
        incorporated company that owns the land or building; or

   (c)  a right, power or privilege over, or in connexion with, the land.''.