Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 19

Accepting payment without being able to supply as ordered

19. Accepting payment without being able to supply as ordered



(1) A person who, in trade or commerce, accepts payment or other consideration
for the supply of goods or services, and who-

   (a)  does not supply all the goods or services within the period specified
        by the person or, if no period is specified, within a reasonable time;
        or

   (b)  supplies goods or services that are materially different from the
        goods or services to which the agreement to supply related-

is guilty of an offence and liable to a penalty of not more than-

   (c)  600 penalty units, in the case of a natural person; or



   (d)  1200 penalty units, in the case of a body corporate.



(2) Subsection (1) applies whether or not the payment or other consideration
accepted by the person represents the whole or a part of the payment or other
consideration for the supply of the goods or services.