The presentation of commercial premises for inspection does not constitute misleading or deceptive conduct merely because the premises contain visible remnants of a defunct fire sprinkler system, where the vast majority of the premises do not display sprinkler heads and the landlord is unaware that the tenant has assumed an operative system exists. A tenant's subjective belief about the state of fire protection, formed without inquiry and unknown to the landlord, cannot convert otherwise non-misleading conduct into a contravention of s 52 TPA. For silence to constitute 'conduct' under s 4(2) TPA, there must be advertent non-disclosure — an inadvertent failure to disclose does not satisfy the statutory definition.
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