Queensland Consolidated Acts

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FAIR TRADING ACT 1989 - SECT 40A

40A False representations and other misleading or offensive conduct in relation to land--TPA s 53A

(1) A person must not, in trade or commerce, in connection with the sale or grant, or the possible sale or grant, of an interest in land or in connection with the promotion in any way of the sale or grant of an interest in land--

(a) represent that the person has a sponsorship, approval or affiliation the person does not have; or
(b) make a false or misleading representation about--
(i) the nature of the interest in land; or
(ii) the price payable for the land; or
(iii) the location of the land; or
(iv) the characteristics of the land; or
(v) the use to which the land is capable of being put or may lawfully be put; or
(vi) 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; or
(d) in Queensland do anything to cause a representation mentioned in paragraph (a) or (b), or an offer mentioned in paragraph (c), to be made outside Queensland.

Maximum penalty--540 penalty units.

(2) A person must not use physical force, undue harassment or coercion in connection with the sale or grant, or the possible sale or grant, of an interest in land or the payment for an interest in land.

Maximum penalty--540 penalty units.

(3) This section does not imply that other provisions of this Act do not apply to the supply or acquisition, or the possible supply or acquisition, of interests in land.



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