Penalties - unfair practices

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Penalties for breaching your obligation Maximum civil pecuniary and criminal penalties: $1.1 million (body corporate), $220,000 (person)

Your obligation Section of the Competition and Consumer Act Schedule 2 - Australian Consumer Law Civil penalty section of the Act Criminal penalty section of the Act
You must not make false or misleading representations about the supply or possible supply of goods or services. 29(1) 224(3) 151
You must not make false or misleading representations about the sale or grant, or the possible sale or grant, of an interest in land. 30(1) 224(3) 152
You must not mislead people seeking employment as to the availability, nature, terms or conditions of the employment. 31 224(3) 153
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. 32(1) 224(3) 154(1)
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. 32(2) 224(3) 154(2)
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. 33 224(3) 155
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. 34 224(3) 156
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. 35 224(3) 157
You must not accept payment for goods or services without being able to supply what was ordered, and by the time you specified or a reasonable time. 36 224(3) 158
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. 37 224(3) 159
You must not send unsolicited credit or debit cards. 39(1) 224(3) 161(1)
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. 39(3) and (4) 224(3) 161(3) and (4)
You must not assert a right to payment for unsolicited goods or services without reasonable cause. 40(1) and (2) 224(3) 162(1) and (2)
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. 40(3) 224(3) 162(3)
You must not assert a right to payment for publication of unauthorised entries or advertisements. 43(1) 224(3) 163(1)
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. 43(2) 224(3) 163(2)
You must not participate in a pyramid scheme. 44(1) 224(3) 164(1)
You must not induce, or attempt to induce, another person to participate in a pyramid scheme. 44(2) 224(3) 164(2)
You must specify a single price for goods or services where possible. 48 224(3) 166
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. 49 224(3) 167
You must not use physical force, or undue harassment or coercion, in connection with the supply or payment of goods or services. 50(1) 224(3) 168

Maximum civil pecuniary and criminal penalties: $5,000 (body corporate), $1,000 (person)

Your obligation Section of the Competition and Consumer Act Schedule 2 - Australian Consumer Law Civil penalty section of the Act Criminal penalty section of the Act
Where goods have more than one displayed price, you must not charge a price that is not the lowest of the displayed prices. 47(1) 224(3) 165

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