Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 4

Representations as to future matters

4. Representations as to future matters



(1) For the purposes of Part 2, if a person makes a representation about a
future matter, including the doing of, or the refusing to do any act, and the
person does not have reasonable grounds for making the representation, the
representation is deemed to be misleading.

(2) Subject to subsection (2A), in any proceeding under this Act concerning a
representation made by a person about a future matter, the person making the
representation bears the burden of proving that the person had reasonable
grounds for making the representation.

(2A) In any proceeding for an offence under this Act concerning a
representation made by a natural person about a future matter, the person
making the representation is taken not to have had reasonable grounds for
making the representation unless the person adduces evidence to the contrary.

(3) Subsection (1) is deemed not to limit by implication a reference in Part 2
to a misleading representation, a representation that is misleading in a
material particular or conduct that is misleading or is likely or liable to
mislead.