FAIR TRADING ACT 2010 - SECT 62

FAIR TRADING ACT 2010 - SECT 62

62 .         Advertisements not to imply approval by consumer affairs authority

        (1)         In this section —

        consumer affairs authority —

            (a)         means —

                  (i)         the Department or the chief executive officer or the Commissioner; or

            (iia)         an advisory committee appointed under Division 3; or

                  (ii)         any person, or statutory body or authority, appointed or constituted under any law of the Commonwealth or of any State or Territory of the Commonwealth and having powers, functions and duties under the laws of the Commonwealth or that State or Territory similar to those of the Department or the chief executive officer or the Commissioner under the laws of this State;

                and

            (b)         includes —

                  (i)         any officer of the Department; and

                  (ii)         any officer or employee of a statutory body, an advisory committee or an authority referred to in paragraph (a)(iia) or (a)(ii) of this definition;

        publish includes —

            (a)         include in a newspaper or other publication published in this State;

            (b)         disseminate by the exhibition or broadcast of a photograph, slide, film, video recording, audio recording or other recording of images or sound;

            (c)         broadcast by radio or for television;

            (d)         include on an internet website or otherwise publicly disseminate by means of the internet;

            (e)         publicly exhibit in, on, over or under any building, vehicle or place, or in the air, in view of persons in or on any street or public place;

            (f)         include in a document gratuitously sent or delivered to any person or thrown or left on premises occupied by any person or left on a vehicle;

            (g)         make verbally to any person.

        (2)         A person must not publish or cause to be published any statement —

            (a)         that is intended or is apparently intended to promote the sale, hiring or leasing of goods, or the sale of an estate or interest in any land or building, or the letting or leasing of any land or building or part of a building, or the use of a service rendered for fee or reward; and

            (b)         that states, either expressly or by implication, that any consumer affairs authority has approved, or has refrained from disapproving, the statement or any material particular in the statement or any claim made in the statement or any goods or services depicted or described, whether by a trade name or otherwise, in the statement.

        Penalty: a fine of $10 000.

        (3)         It is a defence in any proceedings for an offence under subsection (2) if the accused satisfies the court that, before the publication of the statement, the Minister consented in writing to its publication.

        [Section 62 amended: No. 58 of 2010 s. 5.]

        [Heading inserted: No. 58 of 2010 s. 6.]

        [Heading inserted: No. 58 of 2010 s. 6.]