Part VC - Offences
Division 1—Application of Part
75AZA Part does not apply to financial services
(1) This Part does not apply to the supply, or possible supply, of services that are financial services.
(2) Without limiting subsection (1):
(a) section 75AZI does not apply to conduct engaged in relation to financial services; and
(b) if a financial product consists of or includes an interest in land, section 75AZD does not apply to that interest; and
(c) section 75AZP does not apply to:
(i) a credit card that is part of, or that provides access to, a credit facility that is a financial product; or
(ii) a debit card that allows access to an account that is a financial product.
(3) In subsection (2):
credit card has the same meaning as in section 75AZP.
debit card has the same meaning as in section 75AZP.
Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).
75AZAA Concurrent operation of State and Territory laws
This Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.
Division 2—Offences relating to unfair practices
(1) For the purposes of this Division, if:
(a) a corporation makes a representation about a future matter (including the doing of, or the refusing to do, an act); and
(b) the corporation does not have reasonable grounds for making the representation;
the representation is taken to be misleading.
(2) For the purposes of the application of subsection (1) in proceedings relating to a representation made by a corporation about a future matter, the corporation is taken not to have had reasonable grounds for making the representation, unless it adduces evidence to the contrary.
(3) Subsection (1) does not limit by implication the meaning of a reference in this Division to a misleading representation, a representation that is misleading in a material particular or conduct that is misleading or is likely or liable to mislead.
75AZC False or misleading representations
(1) A corporation must 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, do any of the following:
(a) falsely represent that goods are of a particular standard, quality, value, 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, value 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 corporation has a sponsorship, approval or affiliation it does not have;
(g) make a false or misleading representation about the price of goods or services;
(h) make a false or misleading representation about the availability of facilities for the repair of goods or of spare parts for goods;
(i) make a false or misleading representation about the place of origin of goods;
(j) make a false or misleading representation about the need for any goods or services;
(k) make a false or misleading representation about the existence, exclusion or effect of any condition, warranty, guarantee, right or remedy.
Penalty: 10,000 penalty units.
Note 1: The penalty specified above is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of this offence to a person other than a corporation (and the corresponding penalty), see section 6.
(2) Subsection (1) is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
Note 3: For rules relating to representations as to the country of origin of goods, see Division 1AA of Part V (sections 65AA to 65AN).
75AZD False representations and other misleading or offensive conduct in relation to land
(1) A corporation must not, in trade or commerce, in connection with the sale or grant, or the possible sale or grant, of an interest in land, or in connection with the promotion by any means of the sale or grant of an interest in land:
(a) represent that the corporation has a sponsorship, approval or affiliation it does not have; or
(b) make a false or misleading representation about 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.
Penalty: 10,000 penalty units.
Note 1: The penalty specified above is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of this offence to a person other than a corporation (and the corresponding penalty), see section 6.
(2) If:
(a) a corporation offers gifts, prizes or other free items; and
(b) the corporation offers the gifts, prizes or other items, in trade or commerce, in connection with the sale or grant, or the possible sale or grant, of an interest in land, or in connection with the promotion by any means of the sale or grant of an interest in land; and
(c) when the corporation so offers the gifts, prizes or other free items it intends not to provide them, or not to provide them as offered;
the corporation is guilty of an offence punishable on conviction by a fine not exceeding 10,000 penalty units.
Note 1: The penalty specified in subsection (2) is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of the offence in subsection (2) to a person other than a corporation (and the corresponding penalty), see section 6.
(3) If:
(a) a corporation uses physical force or undue harassment or coercion; and
(b) the corporation uses such force, harassment or coercion in connection with the sale or grant, or the possible sale or grant, of an interest in land, or the payment for an interest in land;
the corporation is guilty of an offence punishable on conviction by a fine not exceeding 10,000 penalty units.
Note 1: The penalty specified in subsection (3) is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of the offence in subsection (3) to a person other than a corporation (and the corresponding penalty), see section 6.
(4) For the purposes of the application of the Criminal Code in relation to subsection (2), paragraphs (2)(b) and (c) are taken to be circumstances in which the conduct described in paragraph (2)(a) occurs.
(5) Subsection (1) is an offence of strict liability.
(6) Strict liability applies to paragraphs (2)(b) and (3)(b).
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
(7) Nothing in this section is to be taken as implying that other provisions in this Part do not apply in relation to the supply or acquisition, or the possible supply or acquisition, of an interest in land.
(8) In this section:
interest, in relation to land, has the same meaning as in section 53A.
75AZE Misleading conduct in relation to employment
(1) A corporation must not, in relation to employment that is to be, or may be, offered by the corporation or by another person, engage in conduct that is liable to mislead persons seeking the employment about the availability, nature, terms or conditions of, or any other matter relating to, the employment.
Penalty: 10,000 penalty units.
Note 1: The penalty specified above is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of this offence to a person other than a corporation (and the corresponding penalty), see section 6.
(2) Subsection (1) is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
75AZF Single price to be stated in certain circumstances
(1) A corporation must not, in trade or commerce, in connection with:
(a) the supply or possible supply of goods or services to a person (the relevant person); or
(b) the promotion by any means of the supply of goods or services to a person (the relevant person) or of the use of goods or services by a person (the relevant person);
make a representation with respect to an amount that, if paid, would constitute a part of the consideration for the supply of the goods or services.
Penalty: 10,000 penalty units.
Note 1: The penalty specified above is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of this offence to a person other than a corporation (and the corresponding penalty), see section 6.
(2) Subsection (1) does not apply if the corporation also:
(a) specifies, in a prominent way and as a single figure, the single price for the goods or services; and
(b) if, in relation to goods:
(i) the corporation does not include in the single price a charge that is payable in relation to sending the goods from the supplier to the relevant person; and
(ii) the corporation knows, at the time of the representation, the minimum amount of a charge in relation to sending the goods from the supplier to the relevant person that must be paid by the relevant person;
specifies that minimum amount.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
(2A) A corporation is not required to include, in the single price for goods, a charge that is payable in relation to sending the goods from the supplier to the relevant person.
(2B) Subsection (1) does not apply if the representation is made exclusively to a body corporate.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2B) (see subsection 13.3(3) of the Criminal Code).
(2C) For the purposes of paragraph (2)(a), the corporation is taken not to have specified a single price for the goods or services in a prominent way unless the single price is at least as prominent as the most prominent of the parts of the consideration for the supply.
(2D) Subsection (2C) does not apply in relation to services to be supplied under a contract if the following apply:
(a) the contract provides for the supply of the services for the term of the contract;
(b) the contract provides for periodic payments for the services to be made during the term of the contract;
(c) if the contract also provides for the supply of goods—the goods are directly related to the supply of the services.
(3) Subsection (1) is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
(4) A reference in this section to goods or services is a reference to goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption.
(5) In this section:
single price means the minimum quantifiable consideration for the supply concerned at the time of the representation concerned, including each of the following amounts (if any) that is quantifiable at that time:
(a) a charge of any description payable by the relevant person to the corporation making the representation (other than a charge that is payable at the option of the relevant person);
(b) the amount which reflects any tax, duty, fee, levy or charge imposed, on the corporation making the representation, in relation to the supply concerned;
(c) any amount paid or payable, by the corporation making the representation, in relation to the supply concerned with respect to any tax, duty, fee, levy or charge if:
(i) the amount is paid or payable under an agreement or arrangement made under a law of the Commonwealth, a State or a Territory; and
(ii) the tax, duty, fee, levy or charge would have otherwise been payable by the relevant person in relation to the supply concerned.
75AZG Offering gifts and prizes
(1) If:
(a) a corporation offers gifts, prizes or other free items; and
(b) the corporation offers the gifts, prizes or other free items 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; and
(c) when the corporation so offers them, it intends not to provide them, or not to provide them as offered;
the corporation is guilty of an offence punishable on conviction by a fine not exceeding 10,000 penalty units.
Note 1: The penalty specified in subsection (1) is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of the offence in subsection (1) to a person other than a corporation (and the corresponding penalty), see section 6.
(2) For the purposes of the application of the Criminal Code in relation to subsection (1), paragraphs (1)(b) and (c) are taken to be circumstances in which the conduct described in paragraph (1)(a) occurs.
(3) Strict liability applies in relation to paragraph (1)(b).
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
75AZH Misleading conduct to which Industrial Property Convention applies
(1) A person must not, in trade or commerce, engage in conduct that is liable to mislead the public about the nature, the manufacturing process, the characteristics, the suitability for their purpose, or quantity, of any goods.
Penalty: 2,000 penalty units.
Note: If a corporation is convicted of an offence under this subsection, subsection 4B(3) of the Crimes Act 1914 allows the Court to impose a fine that is not greater than 5 times the maximum fine that could be imposed by the Court on an individual convicted of the offence.
(2) Subsection (1) is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
75AZI Certain misleading conduct in relation to services
(1) A corporation must not, in trade or commerce, engage in conduct that is liable to mislead the public about the nature, the characteristics, the suitability for their purpose, or the quantity, of any services.
Penalty: 10,000 penalty units.
Note 1: The penalty specified above is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of this offence to a person other than a corporation (and the corresponding penalty), see section 6.
(2) Subsection (1) is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
(1) A corporation must not, in trade or commerce, advertise for supply at a specified price, goods or services if there are reasonable grounds for believing that the corporation will not be able to offer those goods or services for supply at that price for a period that is, and in quantities that are, reasonable, having regard to the nature of the market in which the corporation carries on business, and the nature of the advertisement.
Penalty: 10,000 penalty units.
Note 1: The penalty specified above is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of this offence to a person other than a corporation (and the corresponding penalty), see section 6.
(2) A corporation that has, in trade or commerce, advertised goods or services for supply at a specified price must not fail to offer such goods or services for supply at that price for a period that is, and in quantities that are, reasonable having regard to the nature of the market in which the corporation carries on business, and the nature of the advertisement.
Penalty: 10,000 penalty units.
Note 1: The penalty specified above is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of this offence to a person other than a corporation (and the corresponding penalty), see section 6.
(3) Subsections (1) and (2) are offences of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
(4) In a prosecution of a corporation under subsection (2), for failing to offer goods or services to a person (the customer), it is a defence if the corporation proves that:
(a) it offered to supply, or to procure another person to supply goods or services of the kind advertised to the customer within a reasonable time, in a reasonable quantity and at the advertised price; or
(b) it offered to supply immediately, or to procure another person to supply within a reasonable time, equivalent goods or services to the customer in a reasonable quantity and at the price at which the first‑mentioned goods or services were advertised;
and, in either case, if the offer was accepted by the customer, the corporation has so supplied, or procured another person to supply, goods or services.
Note: A defendant bears a legal burden in relation to the matters in subsection (4) (see section 13.4 of the Criminal Code).
(1) A corporation must not, in trade or commerce, induce a consumer to acquire goods or services by representing that the consumer will, after the contract for the acquisition of the goods or services is made, receive a rebate, commission or other benefit in return for giving the corporation the names of prospective customers or otherwise assisting the corporation to supply goods or services to other consumers, if receipt of the rebate, commission or other benefit is contingent on an event occurring after that contract is made.
Penalty: 10,000 penalty units.
Note 1: The penalty specified above is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of this offence to a person other than a corporation (and the corresponding penalty), see section 6.
(2) Subsection (1) is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
75AZL Accepting payment without intending or being able to supply as ordered
(1) If:
(a) a corporation, in trade or commerce, accepts payment or other consideration for goods or services; and
(b) at the time of acceptance, the corporation intends:
(i) not to supply the goods or services; or
(ii) to supply goods or services materially different from the goods or services in respect of which the payment or other consideration is accepted;
the corporation is guilty of an offence punishable on conviction of a fine not exceeding 10,000 penalty units.
Note 1: The penalty specified in subsection (1) is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of the offence in subsection (1) to a person other than a corporation (and the corresponding penalty), see section 6.
(2) Strict liability applies to paragraph (1)(a).
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
(3) If:
(a) a corporation, in trade or commerce, accepts payment or other consideration for goods or services; and
(b) at the time of acceptance, there are reasonable grounds for believing that the corporation will not be able to supply the goods or services within the period specified by the corporation or, if no period is specified, within a reasonable time;
the corporation is guilty of an offence punishable on conviction by a fine not exceeding 10,000 penalty units.
Note 1: The penalty specified in subsection (3) is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of the offence in subsection (3) to a person other than a corporation (and the corresponding penalty), see section 6.
(4) Subsection (3) is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
75AZM Misleading representations about certain business activities
(1) A corporation must not, in trade or commerce, make a representation that is false or misleading in a material particular about the profitability or risk or any other material aspect of any business activity that the corporation has represented as one that can be, or can be to a considerable extent, carried on at or from a person’s place of residence.
Penalty: 10,000 penalty units.
Note 1: The penalty specified above is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of this offence to a person other than a corporation (and the corresponding penalty), see section 6.
(2) If a corporation, in trade or commerce, invites (whether by advertisement or otherwise) persons to engage or participate, or to offer or apply to engage or participate, in a business activity requiring the performance by the persons concerned of work, or the investment of money by the persons concerned and the performance by them of work associated with the investment, the corporation must not make a representation that is false or misleading in a material particular about the profitability or risk or any other material aspect of the business activity.
Penalty: 10,000 penalty units.
Note 1: The penalty specified above is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of this offence to a person other than a corporation (and the corresponding penalty), see section 6.
(3) Subsections (1) and (2) are offences of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
(1) If:
(a) a corporation uses physical force or undue harassment or coercion; and
(b) the corporation uses such force, harassment or coercion in connection with the supply or possible supply of goods or services to a consumer, or the payment for goods or services by a consumer;
the corporation is guilty of an offence punishable on conviction by a fine not exceeding 10,000 penalty units.
Note 1: The penalty specified in subsection (1) is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of the offence in subsection (1) to a person other than a corporation (and the corresponding penalty), see section 6.
(2) Strict liability applies to paragraph (1)(b).
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
(1) A corporation must not participate in a pyramid selling scheme.
Penalty: 10,000 penalty units.
(2) A corporation must not induce, or attempt to induce, a person to participate in a pyramid selling scheme.
Penalty: 10,000 penalty units.
(3) Subsections (1) and (2) are offences of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
(4) In this section:
participate has the meaning given by section 65AAB.
pyramid selling scheme has the meaning given by sections 65AAD and 65AAE.
75AZP Unsolicited credit and debit cards
(1) A corporation must not send a prescribed card to a person.
Penalty: 10,000 penalty units.
Note 1: The penalty specified above is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of this offence to a person other than a corporation (and the corresponding penalty), see section 6.
(2) Subsection (1) applies only in relation to the sending of a prescribed card by or on behalf of the person who issued the card.
(3) Subsection (1) does not apply if a corporation sends a prescribed card to a person:
(a) in pursuance of a request in writing by the person who will be under a liability to the person who issued the card in respect of the use of the card; or
(b) in renewal or replacement of, or in substitution for:
(i) a prescribed card of the same kind previously sent to the first‑mentioned person in pursuance of a request in writing by the person who was under a liability to the person who issued the card previously so sent in respect of the use of that card; or
(ii) a prescribed card of the same kind previously sent to the first‑mentioned person and used for a purpose for which it was intended to be used.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).
(4) Subsection (1) is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
(5) A corporation must not take any action that enables a person who has a credit card or a debit card to use the card as a debit card or a credit card, as the case may be.
Penalty: 10,000 penalty units.
Note 1: The penalty specified above is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of this offence to a person other than a corporation (and the corresponding penalty), see section 6.
(6) Subsection (5) does not apply in relation to action taken by a corporation in accordance with a written request by the person.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).
(7) Subsection (5) is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
(8) In this section:
article, credit card, debit card and prescribed card have the same respective meanings as in section 63A.
75AZQ Assertion of right to payment for unsolicited goods or services or for making an entry in a directory
(1) A corporation must not, in trade or commerce, assert a right to payment from a person for unsolicited goods or unsolicited services.
Penalty: 10,000 penalty units.
Note 1: The penalty specified above is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of this offence to a person other than a corporation (and the corresponding penalty), see section 6.
(2) Subsection (1) does not apply if the corporation proves that it had reasonable cause to believe that there was a right to payment.
Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4 of the Criminal Code).
(3) Subsection (1) is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
(4) A corporation must not assert a right to payment from a person of a charge for making in a directory an entry relating to the person, or to the person’s profession, business, trade or occupation.
Penalty: 10,000 penalty units.
Note 1: The penalty specified above is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of this offence to a person other than a corporation (and the corresponding penalty), see section 6.
(5) Subsection (4) does not apply if the corporation proves that it believed, or had reasonable cause to believe, that the person had authorised the making of the entry.
Note: A defendant bears a legal burden in relation to the matter in subsection (5) (see section 13.4 of the Criminal Code).
(6) Subsection (4) is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
(7) A person is not liable to make any payment to a corporation, and is entitled to recover by action in a court of competent jurisdiction against a corporation any payment made by the person to the corporation, in full or part satisfaction of a charge for the making of an entry in a directory, unless the person has authorised the making of the entry.
(8) For the purposes of this section, a corporation is taken to assert a right to a payment from a person for unsolicited goods or services, or of a charge for the making of an entry in a directory, if the corporation:
(a) makes a demand for the payment or asserts a present or prospective right to the payment; or
(b) threatens to bring any legal proceedings with a view to obtaining the payment; or
(c) places or causes to be placed the name of the person on a list of defaulters or debtors, or threatens to do so, with a view to obtaining the payment; or
(d) invokes or causes to be invoked any other collection procedure, or threatens to do so, with a view to obtaining the payment; or
(e) sends any invoice or other document stating the amount of the payment or setting out the price of the goods or services or the charge for the making of the entry and not stating as prominently (or more prominently) that no claim is made to the payment, or to payment of the price or charge, as the case may be.
(9) A person is not taken for the purposes of this section to have authorised the making of an entry in a directory, unless:
(a) a document authorising the making of the entry has been signed by the person or by another person authorised by him or her; and
(b) a copy of the document has been given to the person before the right to payment of a charge for the making of the entry is asserted; and
(c) the document specifies:
(i) the name of the directory; and
(ii) the name and address of the person publishing the directory; and
(iii) particulars of the entry; and
(iv) the amount of the charge for the making of the entry or the basis on which the charge is, or is to be, calculated.
(10) For the purposes of this section, an invoice or other document purporting to have been sent by or on behalf of a corporation is taken to have been sent by that corporation unless the contrary is established.
(11) In this section:
directory and making have the same respective meanings as in section 64.
75AZR Application of provisions of Division to prescribed information providers
(1) Nothing in section 75AZC, 75AZD, 75AZH, 75AZI or 75AZM applies to a prescribed publication of matter by a prescribed information provider, other than:
(a) a publication of matter in connection with:
(i) the supply or possible supply of goods or services; or
(ii) the sale or grant, or possible sale or grant, of interests in land; or
(iii) the promotion by any means of the supply or use of goods or services; or
(iv) the promotion by any means of the sale or grant of interests in land;
where:
(v) the goods or services were relevant goods or services, or the interests in land were relevant interests in land, as the case may be, in relation to the prescribed information provider; or
(vi) the publication was made on behalf of, or pursuant to a contract, arrangement or understanding with:
(A) a person who supplies goods or services of that kind, or who sells or grants interests in land, being interests of that kind; or
(B) a body corporate that is related to a body corporate that supplies goods or services of that kind, or that sells or grants interests in land, being interests of that kind; or
(b) a publication of an advertisement.
(2) For the purposes of this section, a publication by a prescribed information provider is a prescribed publication if:
(a) in any case—the publication was made by the prescribed information provider in the course of carrying on a business of providing information; or
(b) in the case of a person who is a prescribed information provider by virtue of paragraph (a), (b) or (c) of the definition of prescribed information provider in subsection 65A(3) (whether or not the person is also a prescribed information provider by virtue of another operation of that definition)—the publication was by way of a radio or television broadcast by the prescribed information provider.
(3) In this section:
prescribed information provider, relevant goods or services and relevant interests in land have the same respective meanings as in section 65A.
Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).
Division 3—Offences relating to product safety and product information
75AZS Product safety standards and unsafe goods
(1) If:
(a) a corporation, in trade or commerce, supplies goods; and
(b) the goods are intended to be used, or are of a kind likely to be used, by a consumer; and
(c) the goods are of a kind:
(i) in respect of which there is a consumer product safety standard prescribed by regulations made for the purposes of section 65C and which do not comply with that standard; or
(ii) in respect of which there is in force a notice under section 65C declaring the goods to be unsafe goods; or
(iii) in respect of which there is in force a notice under section 65C imposing a permanent ban on the goods;
the corporation is guilty of an offence punishable on conviction by a fine not exceeding 10,000 penalty units.
Note 1: The penalty specified in subsection (1) is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of the offence in subsection (1) to a person other than a corporation (and the corresponding penalty), see section 6.
Note 3: For the purposes of this section, subsection 65E(2) treats a consumer product safety standard identified in a notice published by the Minister as a consumer product safety standard prescribed by regulations made for the purposes of section 65C.
(2) Subsection (1) is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
(3) A corporation must not export goods whose
supply in
Penalty: 10,000 penalty units.
Note 1: The penalty specified above is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of this offence to a person other than a corporation (and the corresponding penalty), see section 6.
(4) Subsection (3) does not apply if the Minister has, by written notice given to the corporation, approved the export of the goods under subsection 65C(3).
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).
(5) Subsection (3) is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
75AZT Product information standards
(1) If:
(a) a corporation, in trade or commerce, supplies goods; and
(b) the goods are intended to be used, or are of a kind likely to be used, by a consumer; and
(c) the goods are of a kind in respect of which a consumer product information standard has been prescribed by regulations made for the purpose of subsection 65D(2);
the corporation is guilty of an offence punishable on conviction by a fine not exceeding 10,000 penalty units.
Note 1: The penalty specified in subsection (1) is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of the offence in subsection (1) to a person other than a corporation (and the corresponding penalty), see section 6.
Note 3: For the purposes of this section, subsection 65E(2) treats a consumer product information standard identified in a notice published by the Minister as a consumer product information standard prescribed by regulations made for the purpose of subsection 65D(2).
(2) Subsection (1) does not apply if the corporation has complied with the standard in relation to the goods.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
(3) Subsection (1) is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
(4) Subsection (1) does not apply to goods
that are intended to be used outside
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).
(5) If there is applied to goods:
(a) a statement that the goods are for export only; or
(b) a statement indicating by the use of words authorised by the regulations to be used for the purposes of this subsection that the goods are intended to be used outside Australia;
it must be presumed for the purposes of this section, unless the contrary is established, that the goods are intended to be so used.
(6) For the purposes of subsection (4), a statement is taken to be applied to goods if:
(a) the statement is woven in, impressed on, worked into or annexed or affixed to the goods; or
(b) the statement is applied to a covering, label, reel or thing in or with which the goods are supplied.
(7) A reference in subsection (6) to a covering includes a reference to a stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper and a reference in that subsection to a label includes a reference to a band or ticket.
75AZU Compliance with product recall notice
(1) If a notice under subsection 65F(1) is in force in relation to a corporation, the corporation must not contravene a requirement or direction in the notice.
Penalty: 10,000 penalty units.
Note 1: The penalty specified above is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of this offence to a person other than a corporation (and the corresponding penalty), see section 6.
(2) If a notice under subsection 65F(1) is in force in relation to a corporation, the corporation must not, in trade or commerce:
(a) if the notice identifies a defect in, or a dangerous characteristic of, the goods—supply goods of the kind to which the notice relates which contain the defect or have that characteristic; or
(b) in any other case—supply goods of the kind to which the notice relates.
Penalty: 10,000 penalty units.
Note 1: The penalty specified above is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.
Note 2: For the application of this offence to a person other than a corporation (and the corresponding penalty), see section 6.
(3) Subsections (1) and (2) are offences of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.