Competition and Consumer Act 2010

A scam is a direct or indirect attempt (whether or not successful) to engage an SPF consumer of a regulated service where it would be reasonable to conclude that the attempt:

involves deception (see subsection (2)); and

would, if successful, cause loss or harm including obtaining SPF personal information of, or a financial or other benefit from, the SPF consumer or the SPF consumer’s associates.

The attempt involves deception if the attempt:

deceptively represents something to be (or to be related to) the regulated service; or

impersonates a regulated entity in connection with the regulated service; or

is an attempt to deceive the SPF consumer into:

performing an action using the regulated service; or

facilitating another person to perform an action using the regulated service; or

is an attempt to deceive the SPF consumer that is made using the regulated service.

The attempt may be a single act or a course of conduct.

However, the attempt is not a scam if the attempt is of a kind prescribed by the SPF rules.