South Australian Consolidated Acts

LAND AND BUSINESS (SALE AND CONVEYANCING) ACT 1994 - SECT 36

36—False or misleading representation

        (1)         A person who makes a false or misleading representation for the purpose of inducing another person to—

            (a)         sell or purchase land or a business; or

            (b)         engage the first mentioned person or a third person to act as an agent in the sale or purchase of land or a business; or

            (c)         enter into any contract or arrangement in connection with the sale or purchase of land or a business,

is guilty of an offence.

Maximum penalty: $20 000 or imprisonment for 1 year.

        (2)         In proceedings for an offence against subsection (1), it is not necessary for the prosecution to establish that the defendant knew the representation to be false or misleading, but it is a defence for the defendant to prove that he or she had reasonable ground to believe, and did believe, the representation to be true.