Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 14

False testimonials

14. False testimonials



(1) A person must not, in trade or commerce, make a representation-

   (a)  which purports to be a testimonial by any person regarding goods or
        services; or

   (b)  about a testimonial or a representation which purports to be a
        testimonial regarding goods or services-

if that representation is false or misleading in any particular. Penalty: 240
penalty units, in the case of a natural person. 600 penalty units, in the case
of a body corporate.

(2) In any proceedings against a body corporate for an offence against this
section the defendant bears the burden of proving that a representation made
by the defendant is not false or misleading in any particular.

(3) In any proceedings against a natural person for an offence against this
section in respect of a representation that is alleged to be false or
misleading in any particular, a representation made by the defendant is taken
to be false or misleading in that particular unless the defendant adduces
evidence to the contrary.