Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 17

Bait advertising

17. Bait advertising



(1) A person must not, in trade or commerce, advertise for supply at a
specified price, goods or services if there are reasonable grounds, of which
the person is aware or ought reasonably to be aware, for believing that the
person will not be able to offer those goods or services for supply at that
price for a period that is, and in quantities that are, reasonable having
regard to the nature of the market in which the person carries on business and
the nature of the advertisement.

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

(2) If a person has, in trade or commerce, advertised goods or services for
supply at a specified price that person must offer those goods or services for
supply at that price for a period that is, and in quantities that are,
reasonable having regard to the nature of the market in which the person
carries on business and the nature of the advertisement.

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

(3) In proceedings for an offence under subsection (2), it is a defence to
establish that the person made an offer to the purchaser-



   (a)  to supply, or to procure another person to supply, goods or services
        of the kind advertised within a reasonable time, in a reasonable
        quantity and at the advertised price; or

   (b)  to supply immediately, or to procure another person to supply within a
        reasonable time, equivalent goods or services in a reasonable quantity
        and at the price at which the first-mentioned goods or services were
        advertised-

and, in either case, where the offer was accepted by the purchaser, the person
has so supplied, or procured another person to so supply, the goods or
services.