LAWS203 Study Guide - Final Guide: Telstra, Apple Inc., Prouds
Document Summary
False or misleading representations and other unfair selling. Practices: provisions in part 3-1 acl which prohibit specific false representations or other unfair selling practices, relevant provisions: sections 29-32, 35, 47, 48, often pleaded in the alternative to section 18, private individuals can seek all civil remedies. Section 29: prohibits a person acting in trade or commerce from making false or misleading representations on certain matters in connection with the supply, or possible supply, of goods or services, or the promotion of goods or services. These are specifically dealt with in section 31. Mens rea: strict liability not based on knowledge of wrongfulness, based upon the fact that the representation is false: given v cv. Goods section 29(1)(a: prohibits making a false or misleading representation that goods are of a particular standard, quality, value, grade, composition, style or model or have had a particular history or previous use, criminal equivalent: section 151(1)(a)
