False or misleading representations
179U False or misleading representations
A person must not make a false or misleading representation:
in relation to a matter that is material to entry into a consumer lease or a related transaction; or
in attempting to induce another person to enter into a consumer lease or a related transaction.
Civil penalty: 5,000 penalty units.
A person commits an offence if:
the person is subject to a requirement under subsection (1); and
the person engages in conduct; and
the conduct contravenes the requirement.
Criminal penalty: 50 penalty units.
For the purposes of subsections (1) and (1A), it is a defence if a person charged proves that he or she reasonably believed that the representation was not false or misleading.
A person who suffers loss as a result of a contravention of this section by another person may recover the amount of the loss from:
that other person; or
any other person involved in the contravention.
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