Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 12

False representations in relation to goods and services

12. False representations in relation to goods and services



A person must not, in trade or commerce, in connection with the supply or
possible supply of goods or services or in connection with the promotion or
advertising by any means of the supply or use of goods or services-

   (a)  falsely represent that goods are of a particular standard, quality,
        value, grade, composition, style or model or have had a particular
        history or particular previous use; or

   (b)  falsely represent that services are of a particular standard, quality,
        value or grade or have had a particular previous use; or

   (c)  falsely represent that goods are new; or

   (d)  falsely represent that a particular person has agreed to acquire goods
        or services; or

   (e)  represent that goods or services have a sponsorship, approval,
        performance characteristics, accessories, uses or benefits they do not
        have; or

   (f)  represent that any person has a sponsorship, approval or affiliation
        that the person does not have; or

   (g)  make a false or misleading representation with respect to the price of
        goods or services; or

   (h)  make a false or misleading representation concerning the availability
        of facilities for the repair of goods or of spare parts for goods; or

        (i)    make a false or misleading representation concerning the place
               of origin of goods; or

   (j)  make a false or misleading representation concerning the need for any
        goods or services; or

   (k)  make a false or misleading representation concerning the existence,
        exclusion or effect of any condition, warranty, guarantee, right or
        remedy; or

   (l)  make a false or misleading representation about the production,
        manufacture, preparation or supply of any goods; or

   (m)  make a representation which is unnecessary for the reasonable care and
        maintenance of any goods; or

   (n)  make a representation that is false, misleading or deceptive in any
        material particular.

Penalty: 600 penalty units, in the case of a natural person. 1200 penalty
units, in the case of a body corporate.