AustraliaAustralian Consumer Law ss. 18, 29 and 34, Misleading Conduct and Representations as Applied to Data Practices and Rankings
Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law), ss 18, 29 and 34
In force since .
An enforcement supervision rule binding private bodies.
- Private right of action
- Yes
- Audit expectation
- none
As of .
What it requires
- Do not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive (section 18(1)).
- Do not, in trade or commerce and in connection with supplying or promoting goods or services, make a false or misleading representation that they have particular performance characteristics, uses or benefits (section 29(1)(g)).
- Do not, in trade or commerce, engage in conduct that is liable to mislead the public as to the nature, the characteristics, the suitability for their purpose or the quantity of any services (section 34).
These lines are LexLint's reading of the law's text, as of .
What this law does
Section 18(1) of the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010, prohibits a person, in trade or commerce, from engaging in conduct that is misleading or deceptive or is likely to mislead or deceive. The prohibition in section 18(1) is not confined to a kind of conduct or a subject matter.
Section 29(1) prohibits a person, in trade or commerce and in connection with the supply or promotion of goods or services, from making a false or misleading representation of a listed kind, including that goods or services have particular performance characteristics, uses or benefits.
Section 34 prohibits a person, in trade or commerce, from engaging in conduct that is liable to mislead the public as to the nature, the characteristics, the suitability for their purpose or the quantity of any services. Schedule 2 applies as a law of the Commonwealth to the conduct of corporations.
A person who suffers loss or damage because of conduct that contravened Chapter 2 or 3 of the Australian Consumer Law may recover the amount of the loss or damage by action against the other person, or against any person involved in the contravention. The Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 commenced its Schedules 1, 2, 4, 5 and 7 on .
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