Australian Consumer Law (ACL)

I. Chapter 2—General protections

Part 2 1—Misleading or deceptive conduct

18 Misleading or deceptive conduct

A person must not, in trade or commerce, engage in conduct that is misleading or deceptive
or is likely to mislead or deceive.

II. Chapter 3—Specific protections

Part 3 1—Unfair practices
Division 1—False or misleading representations etc.

29 False or misleading representations about goods or services

(1) A person 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:
(a) make a false or misleading representation that goods are of a particular
standard, quality, value, grade, composition, style or model or have had a
particular history or particular previous use; or
(b) make a false or misleading representation that services are of a particular
standard, quality, value or grade; or
(c) make a false or misleading representation that goods are new; or
(d) make a false or misleading representation that a particular person has agreed to
acquire goods or services; or
(e) make a false or misleading representation that purports to be a testimonial by
any person relating to goods or services; or
(f) make a false or misleading representation concerning:
(i) a testimonial by any person; or
(ii) a representation that purports to be such a testimonial;
relating to goods or services; or
(g) make a false or misleading representation that goods or services have
sponsorship, approval, performance characteristics, accessories, uses or
benefits; or
(h) make a false or misleading representation that the person making the
representation has a sponsorship, approval or affiliation; or
(i) make a false or misleading representation with respect to the price of goods or
services; or
(j) make a false or misleading representation concerning the availability of
facilities for the repair of goods or of spare parts for goods; or
(k) make a false or misleading representation concerning the place of origin of
goods; or
 (l) make a false or misleading representation concerning the need for any goods
or services; or
(m) make a false or misleading representation concerning the existence, exclusion
or effect of any condition, warranty, guarantee, right or remedy (including a
guarantee under Division 1 of Part 3-2); or
(n) make a false or misleading representation concerning a requirement to pay for
a contractual right that:
(i) is wholly or partly equivalent to any condition, warranty, guarantee,
right or remedy (including a guarantee under Division 1 of Part 3-2);
and
(ii) a person has under a law of the Commonwealth, a State or a Territory
(other than an unwritten law)

III. Chapter 5—Enforcement and remedies

Part 5 2—Remedies

224 Pecuniary penalties

(1) If a court is satisfied that a person:
(a) has contravened any of the following provisions:
(ii) a provision of Part 3-1 (which is about unfair practices – section 29);

Amount of pecuniary penalty

For each act

or omission to
Item which this the pecuniary penalty is not to exceed ...
section applies
that relates to

2 a provision of a) if the person is a body corporate – the greater of

Part 3-1
• $10,000,000;
(section 29 is
within this part • if the court can determine the value of the benefit that the
of Chapter 3) body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the act or omission – 3 times the
value of that benefit;
• if the court cannot determine the value of that benefit – 10%
of the annual turnover of the body corporate during the 12-
month period ending at the end of the month in which the act
or omission occurred or started to occur.
(b) if the person is not a body corporate – $500,000
232 Injunctions
(1) … conduct that constitutes or would constitute a contravention of a provision of
Chapter 2, 3 or 4;

236 Actions for damages

(1) If:
(a) a person (the claimant) suffers loss or damage because of the conduct of
another person; and
(b) the conduct contravened a provision of Chapter 2 or 3;
the claimant may recover the amount of the loss or damage by action against that other
person, or against any person involved in the contravention.
(2) An action under subsection (1) may be commenced at any time within 6 years
after the day on which the cause of action that relates to the conduct accrued.

Other remedies
• 246 Non punitive orders
• 247 Adverse publicity orders
• 248 Order disqualifying a person from managing corporations