New South Wales Consolidated Acts

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FAIR TRADING ACT 1987 - SECT 44

False representations

44 False representations

(TPA s 53)
A person shall not, in trade or commerce, in connection with the supply or possible supply of goods or services or in connection 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,
(b) falsely represent that services are of a particular standard, quality, value or grade,
(c) falsely represent that goods are new,
(d) falsely represent that a particular person has agreed to acquire goods or services,
(e) represent that goods or services have sponsorship, approval, performance characteristics, accessories, uses or benefits they do not have,
(f) represent that the person has a sponsorship, approval or affiliation the person does not have,
(g) make a false or misleading representation concerning the price of goods or services,
(h) make a false or misleading representation concerning the availability of facilities for the repair of goods or of spare parts for goods,
(i) make a false or misleading representation concerning the place of origin of goods,
(j) make a false or misleading representation concerning the need for any goods or services,
(k) make a false or misleading representation concerning the existence, exclusion or effect of any condition, warranty, guarantee, right or remedy,
(l) make a false or misleading representation concerning a person’s rights or obligations under a residential tenancy agreement (within the meaning of the Residential Parks Act 1998 ) under which the residential premises consist of a residential site in a residential park or a moveable dwelling on such a residential site (within the meaning of that Act), or
(m) make a false or misleading representation concerning a person’s rights or obligations under a village contract (within the meaning of the Retirement Villages Act 1999 ), or
(n) make a false or misleading representation concerning a person’s rights or obligations under an occupation agreement (within the meaning of the Holiday Parks (Long-term Casual Occupation) Act 2002 ) under which the residential premises consist of a site in a holiday park (within the meaning of that Act).



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