SUMMARY OFFENCES ACT 1953 - SECT 38A
SUMMARY OFFENCES ACT 1953 - SECT 38A
38A—Sale of books and educational matter
(1) A person who, in
order to induce another person to purchase or to agree to purchase books or
other educational matter, states, holds out or represents, directly or
indirectly, that he or she is a representative of, or is in any way connected
with, or has the approval of, the Minister responsible for administration of
the Education and Early Childhood Services (Registration and Standards)
Act 2011 or the Education and Children's Services Act 2019 , an
administrative unit of the Public Service responsible to that Minister for the
administration of those Acts or any educational institution under the control
of, or connected with, the Government of the State is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(2) If a person is
induced to enter into an agreement to purchase books or other educational
matter by unreasonable persuasion on the part of a person acting or appearing
to act on behalf of the seller or the seller's agent, the agreement will be
taken to have been induced by undue influence and is voidable at the option of
the first mentioned person if repudiated by notice in writing given to the
seller within a period of 28 days after the making of the agreement, and any
affirmation of, or agreement purporting to waive any right to avoid, the
agreement to purchase will, upon the giving of the notice, be void and of no
effect.