Victorian Consolidated Legislation

Travel Agents Act 1986 - SECT 42B

False or misleading statements

42B. False or misleading statements





(1) A person must not give information or make a statement that is false or
misleading by reason of the inclusion of any false or misleading matter or the
omission of any material matter, in relation to anything covered by this Act.

Penalty: 50 penalty units for a natural person or, in the case of a body
corporate, 100 penalty units.

(2) It is a defence to a prosecution of a person for an offence under
subsection (1) if the person proves that, when the information was given or
the statement made, the person-

   (a)  believed on reasonable grounds-

   (i)  that the false matter was true; or

   (ii) that the misleading matter was not misleading; or

   (b)  in the case of an omission-

   (i)  believed on reasonable grounds that no material matter had been
        omitted; or

   (ii) did not know that the omitted matter was material.