Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 29

Address to be included in documents

29. Address to be included in documents



(1) A person who-

   (a)  publishes a document, statement or advertisement or causes a document,
        statement or advertisement to be published; or

   (b)  gives a document, statement or advertisement to any person or causes a
        document, statement or advertisement to be given to any person to whom
        goods or services are or may be supplied-

that-

   (c)  is intended or likely to promote the supply of goods or services in
        trade or commerce; and



   (d)  contains a reference to a means of contacting the person that does not
        include the name and the address of the place of business or residence
        of the person-

must include in the document, statement or advertisement-

   (e)  the name of the person or the business; and

   (f)  one of the following-

   (i)  the full address (not being a post box) of the place of business or
        residence of the person;

   (ii) if the person is carrying on a business that is required to be
        licensed or registered under an Act, the relevant licence or
        registration number of the business or person; Example This may
        include an LMCT number if the person is a car dealer or the person's
        registration or licence number if the person is a plumber.

   (iii) if the person is carrying on a business under a business name
        registered under the Business Names Act 1962, the registered number of
        the business under that Act. Penalty: 60 penalty units, in the case of
        a natural person.
120 penalty units, in the case of a body corporate.

(2) This section does not apply to a person who publishes or causes to be
published, a document, statement or advertisement for prostitution services
within the meaning of the Prostitution Control Act 1994.

(3) A person, other than a person who publishes a document, statement or
advertisement on the person's own behalf or a person referred to in subsection
(1)(f)(ii) or (1)(f)(iii), is not required to comply with subsection (1)(f) if
the person has provided to the publisher of the publication in which the
document, statement or advertisement is to appear-

   (a)  the name of the person or the business; and

   (b)  the full address (not being a post box) of the place of business or
        residence of the person.

(4) A publisher must record and keep all information provided to the publisher
under subsection (3) for at least 12 months from the date it is received.

Penalty: 60 penalty units, in the case of a natural person. 120 penalty units,
in the case of a body corporate.

(5) In this section, publish in relation to a document, statement or
advertisement means to make the document, statement or advertisement generally
known in any manner (including in an electronic form).