Fair trading Act

Question 1

Misleading and deceptive conduct

Answer 1

No person shall, in trade, engage in conduct that is misleading or deceptive or is likely to mislead or deceive

Question 2

Elements of fair trade (3)

Answer 2

• A person in trade
• Have to do some thing (engage in conduct)
• Misleading or deceptive or likely to mislead or deceive

Question 3

Section 10 (goods) (5)

Answer 3

Liable to mislead public as to:
- Nature - Manufacturing process - Characteristics - Sustainability for a purpose - Quantity

Question 4

Section 12 (employment offers) (4)

Answer 4

Conduct in relation to offers of employment that is misleading or deceptive:
- Availability - nature - terms and conditions - any other matter relating to that employment

Question 5

Section 11 (services) (4)

Answer 5

liable to mislead the public as to:
- Nature - Characteristics - sustainability for a purpose - quantity

Question 6

Section 13

Answer 6

False or misleading representations with goods or services

Question 7

sections 14

Answer 7

Deals with representations concerning land

Question 8

Section 17

Answer 8

Offer prizes or gifts to purchasers with not intentions of giving them.

Question 9

Section 19

Answer 9

Bait advertising

Question 10

Section 20

Answer 10

Referral selling

Question 11

Section 21

Answer 11

Demanding payment without intention to supply

Question 12

Section 22

Answer 12

Misleading representations about profitability or risks of business that can be carried out from home.

Question 13

Section 23

Answer 13

harassment or coercion in relation to supply or payment

Question 14

Section 24

Answer 14

Pyramid selling

Question 15

Section 26

Answer 15

Importation of goods bearing false trade descriptions

Question 16

Consumer information regulations
4 standards currently in force

Answer 16

• Country of origin (clothing and footwear) labelling regulations 1992
• Fibre Content labelling regulations 2000
• Care labelling regulations 2000
• Used motor vehicles

Question 17

Product safety
Minister may…

Answer 17

Declare goods to be unsafe. Such goods cannot be supplied

• minister may require recall of unsafe goods and repair them or give refunds to purchasers

Question 18

Consumer transactions and auctions (3)

Answer 18

• Lay-by sales
• Uninvited direct sales to people at home or at work or by phone
• Auctions

Question 19

Consequences of breach (2)

Answer 19

• Prosecutions
• civil liability

Question 20

Penalties

Answer 20

• For all offences under part 1,3 and 4 (except against 24 (pyramid schemes))

Question 21

Fines (3)

Answer 21

Body corporate - max fine $600,000
Individual - max fine $200,000

Offences against section 24
Max fine - $600,000