Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person shall
not, in trade or commerce, in connection with the supply or possible supply of
goods or services or in connection with the promotion by any means of the
supply or use of goods or services —
(a)
falsely represent that goods are of a particular standard, quality, grade,
composition, style or model or have had a particular history or particular
previous use;
(b)
falsely represent that services are of a particular standard, quality or
grade;
(c)
falsely represent that goods are new;
(d)
falsely represent that a particular person has agreed to acquire goods or
services;
(e)
represent that goods or services have sponsorship, approval, performance
characteristics, accessories, uses or benefits they do not have;
(f)
represent that the person has a sponsorship, approval or affiliation the
person does not have;
(g) make
a false or misleading representation concerning the price of goods or
services;
(h) make
a false or misleading representation concerning the availability of facilities
for the repair of goods or of spare parts for goods;
(j) make
a false or misleading representation concerning the place of origin of goods
or indicating that goods or services produced, manufactured, prepared or
supplied by him are produced, manufactured, prepared or supplied by any other
person;
(k) make
a false or misleading representation concerning the need for any goods or
services; or
(l) make
a false or misleading representation concerning the existence, exclusion or
effect of any condition, warranty, guarantee, right or remedy.
(2) A person shall
not, in trade or commerce, in connection with the disposal, or the possible
disposal, of an interest in land or in connection with the promotion by any
means of the disposal of an interest in land —
(a)
represent that the person has a sponsorship, approval or affiliation the
person does not have;
(b) make
a false or misleading representation concerning the nature of the interest in
the land, the price payable for the land, the location of the land, the
characteristics of the land, the use to which the land is capable of being put
or may lawfully be put or the existence or availability of facilities
associated with the land;
(c)
offer gifts, prizes or other free items with the intention of not providing
them or of not providing them as offered; or
(d) use
physical force or undue harassment or coercion in connection with that
disposal or possible disposal or the payment for that interest.
(3) Any statement
which is intended or apparently intended to —
(a)
promote the sale or supply of any goods, or the disposal of any interest in
land; or
(b)
induce any other person to make use on payment of a fee or other consideration
of any services,
and which is a false
representation, contravenes this section.
(4) A person shall
not, in trade or commerce, publish or cause to be published any statement
which to his knowledge contravenes this section.
(5) Nothing in this
section shall be taken as implying that other provisions of this
Act do not apply in relation to the supply or acquisition, or the
possible supply or acquisition, of interests in land.