Unfair practice penalties – fair trading

Section of the Competition and Consumer Act Schedule 2 - Australian Consumer Law

Your obligation

Maximum civil pecuniary penalty for breaching your obligation

Maximum criminal penalty for breaching your obligation

29(1)

You must not make false or misleading representations about the supply or possible supply of goods or services.

$1.1 million (body corporate), $220,000 (person) see s224(3)

$1.1 million (body corporate), $220,000 (person) see s151

30(1)

You must not make false or misleading representations about the sale or grant, or the possible sale or grant, of an interest in land.

$1.1 million (body corporate), $220,000 (person) see s224(3)

$1.1 million (body corporate), $220,000 (person) see s152

31

You must not mislead people seeking employment as to the availability, nature, terms or conditions of the employment.

$1.1 million (body corporate), $220,000 (person) see section 224(3)

$1.1 million (body corporate), $220,000 (person) see section 153

32(1)

You must not offer any rebate, gift, prize or other free item in relation to the supply of your goods and services with the intention of not providing it, or of not providing it as offered.

$1.1 million (body corporate), $220,000 (person) see section 224(3)

$1.1 million (body corporate), $220,000 (person) see section 154(1)

32(2)

If you offer a rebate, gift, prize or other free item in relation to the supply of your goods and services, you must provide it within the time specified in the offer or (if no time is specified) within a reasonable time.

$1.1 million (body corporate), $220,000 (person) see section 224(3)

$1.1 million (body corporate), $220,000 (person) see section 154(2)

33

You must not engage in conduct that is liable to mislead the public about the nature, manufacturing process, characteristics, suitability for their purpose or quantity of any goods.

$1.1 million (body corporate), $220,000 (person) see section 224(3)

$1.1 million (body corporate), $220,000 (person) see section 155

34

You must not engage in conduct that is liable to mislead the public about the nature, characteristics, suitability for their purpose or quantity of any services.

$1.1 million (body corporate), $220,000 (person) see section 224(3)

$1.1 million (body corporate), $220,000 (person) see section 156

35

You must not use bait advertising - that is, advertising goods or services at a specified price if you are not able to offer a reasonable quantity at that price for a reasonable period.

$1.1 million (body corporate), $220,000 (person) see section 224(3)

$1.1 million (body corporate), $220,000 (person) see section 157

36

You must not accept payment for goods or services without being able to supply what wasordered, and by the time you specified or a reasonable time.

$1.1 million (body corporate), $220,000 (person) see section 224(3)

$1.1 million (body corporate), $220,000 (person) see section 158

37

You must not make a false or misleading representation about the profitability, risk or any other material aspect of a business activity you have advertised or invited people to participate in.

$1.1 million (body corporate), $220,000 (person) see section 224(3)

$1.1 million (body corporate), $220,000 (person) see section 159

39(1)

You must not send unsolicited credit or debit cards.

$1.1 million (body corporate), $220,000 (person) see section 224(3)

$1.1 million (body corporate), $220,000 (person) see section 161(1)

39(3) and (4)

You must not take any action enabling a consumer who has a credit card to use it as a debit card, or vice versa, unless you have the consumer’s written request.

$1.1 million (body corporate), $220,000 (person) see section 224(3)

$1.1 million (body corporate), $220,000 (person) see section 161(3) and (4)

40(1) and (2)

You must not assert a right to payment for unsolicited goods or services without reasonable cause.

$1.1 million (body corporate), $220,000 (person) see section 224(3)

$1.1 million (body corporate), $220,000 (person) see section 162(1) and (2)

40(3)

You must not send an invoice or other document in relation to unsolicited goods or services that does not comply with prescribed requirements, without reasonable cause to believe there is a right to payment.

$1.1 million (body corporate), $220,000 (person) see section 224(3)

$1.1 million (body corporate), $220,000 (person) see section 162(3)

43(1)

You must not assert a right to payment for publication of unauthorised entries or advertisements.

$1.1 million (body corporate), $220,000 (person) see section 224(3)

$1.1 million (body corporate), $220,000 (person) see section 163(1)

43(2)

You must not send an invoice or other document for publication of unauthorised entries or advertisements that does not comply with prescribed requirements, without reasonable cause.

$1.1 million (body corporate), $220,000 (person) see section 224(3)

$1.1 million (body corporate), $220,000 (person) see section 163(2)

44(1)

You must not participate in a pyramid scheme.

$1.1 million (body corporate), $220,000 (person) see section 224(3)

$1.1 million (body corporate), $220,000 (person) see section 164(1)

44(2)

You must not induce, or attempt to induce, another person to participate in a pyramid scheme.

$1.1 million (body corporate), $220,000 (person) see section 224(3)

$1.1 million (body corporate), $220,000 (person) see section 164(2)

47(1)

Where goods have more than one displayed price, you must not charge a price that is not the lowest of the displayed prices.

$5000 (body corporate), $1000 (person) see section 224(3)

$5000 (body corporate), $1000 (person) see section 165

48

You must specify a single price for goods or services where possible.

$1.1 million (body corporate), $220,000 (person) see section 224(3)

$1.1 million (body corporate), $220,000 (person) see section 166

49

You must not engage in referral selling – that is, encouraging a customer to enter into an agreement by offering a reward in return for giving you names of prospective customers, when receipt of the reward is contingent on an event occurring after the contract is made.

$1.1 million (body corporate), $220,000 (person) see section 224(3)

$1.1 million (body corporate), $220,000 (person) see section 167

50(1)

You must not use physical force, or undue harassment or coercion, in connection with the supply or payment of goods or services.

$1.1 million (body corporate), $220,000 (person) see section 224(3)

$1.1 million (body corporate), $220,000 (person) see section 168

Last updated: 17/04/2013

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