Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 20

Misleading representations about certain business activities

20. Misleading representations about certain business activities



(1) A person must 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: 600 penalty units, in the case of a natural person.
1200 penalty units, in the case of a body corporate.

(2) If a person, in trade or commerce, invites persons, whether by
advertisement or otherwise-

   (a)  to engage or participate in a business activity; or

   (b)  to offer or apply to engage or participate in a business activity-

requiring-

   (c)  the performance by the persons so invited of work; or

   (d)  the investment of money by the persons so invited and the performance
        by those persons of work associated with the investment-

the first-mentioned person must not make a representation that is false or
misleading in a material particular, with respect to the profitability or risk
or any other material aspect of the business activity. Penalty: 600 penalty
units, in the case of a natural person.
1200 penalty units, in the case of a body corporate.