South Australian Consolidated Acts

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FAIR TRADING ACT 1987 - SECT 54

54—Representations

        (1)         For the purposes of this Part, where a person makes a representation with respect to any future matter (including the doing of, or the refusing to do, any act) and the person does not have reasonable grounds for making the representation, the representation will be taken to be misleading.

        (2)         For the purposes of the application of subsection (1) in relation to a proceeding concerning a representation made by a person with respect to any future matter, the person will, unless the person adduces evidence to the contrary, be taken not to have had reasonable grounds for making the representation.

        (3)         Subsection (1) does not limit by implication the meaning of a reference in this Part to a misleading representation, a representation that is misleading in a material particular or conduct that is misleading or is likely or liable to mislead.



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