Northern Territory Consolidated Acts

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CONSUMER AFFAIRS AND FAIR TRADING ACT - SECT 52

Bait advertising

52. Bait advertising

(1) A person shall not, in trade or commerce, advertise goods or services for supply at a specified price if there are reasonable grounds, of which the person is aware or ought reasonably to be aware, for believing that the person will not be able to offer those goods or services for supply at that price for a period that is, and in the quantities that are, reasonable having regard to the nature of the market in which the person carries on business and the nature of the advertisement.

(2) A person who has, in trade or commerce, advertised goods or services for supply at a specified price shall offer the goods or services for supply at that price for a period that is, and in quantities that are, reasonable having regard to the nature of the market in which the person carries on business and the nature of the advertisement.

(3) In proceedings for an offence in relation to a failure to offer goods or services to a person (in this subsection referred to as the customer) in accordance with subsection (2), it is a defence if it is established:

(a) that the defendant offered to supply, or to procure another person to supply, to the customer goods or services of the kind advertised within a reasonable time, in a reasonable quantity and at the advertised price; or

(b) that the defendant offered to supply immediately, or to procure another person to supply within a reasonable time, to the customer equivalent goods or services in a reasonable quantity and at the price at which the first-mentioned goods or services were advertised,

and, in either case, where the offer was accepted by the customer, that the defendant has so supplied, or procured another person to supply, goods or services.



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