AustLII Tasmanian Consolidated Acts

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FAIR TRADING ACT 1990 - SECT 25

25. Misleading statements about certain business activities

      (1) A person shall not, in trade or commerce, make a representation that is false or misleading in a material particular concerning the profitability or risk or any other material aspect of any business activity that the person has represented as one that can be, or can be to a considerable extent, carried on at or from a person's place of residence.

Penalty:

Fine not exceeding 200 penalty units in the case of a person other than a corporation or 1 000 penalty units in the case of a corporation.

      (2) Where a person, in trade or commerce, invites, whether by advertisement or otherwise, persons to engage or participate, or to offer or apply to engage or participate, in a business activity requiring –

(a) the performance by the other persons concerned of work; or

(b) the investment of money by the other persons concerned and the performance by them of work associated with the investment –

the person shall not make, with respect to the profitability or risk or any other material aspect of the business activity, a representation that is false or misleading in a material particular.

Penalty:

Fine not exceeding 200 penalty units in the case of a person other than a corporation or 1 000 penalty units in the case of a corporation.



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