New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 23A

23A Power to require proof of claims and representations

(1) The Director-General may require a person who, in trade or commerce, published or caused to be published a statement promoting, or apparently intended to promote, the supply of goods or services or the sale or grant of an interest in land, to provide the Director-General with proof of any claim or representation (express or implied) made in the statement.

(2) Such a requirement is to be made by notice in writing served on the person.

(3) The notice must:

(a) specify the claim or representation to which the notice applies, and

(b) specify a time within which the person is required to provide the Director-General with proof of the claim or representation, and

(c) indicate that it is an offence to:

(i) fail to provide proof sufficient to support the claim or representation, or

(ii) fail to provide that proof within the time specified in the notice, or

(iii) provide the Director-General with information that is false or misleading in a material particular.

(4) The Director-General may, by a further notice in writing served on the person, extend the time within which the person is required to provide the Director-General with proof of the claim or representation concerned.