AustLII Tasmanian Consolidated Acts

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FAIR TRADING ACT 1990 - SECT 11

11. Representations

      (1) For the purposes of this Act, where a person makes an inaccurate representation with respect to any future matter (including the doing of, or the refusing to do, any act) the representation shall be taken to be misleading unless the person has reasonable grounds for making the representation.

      (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 shall, unless the person adduces evidence to the contrary, be deemed not to have had reasonable grounds for making the representation.

      (3) Subsection (1) shall be deemed not to limit the meaning of a reference in this Act 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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