Civil Law (Wrongs) Act 2002
178Employer etc liable for misrepresentation
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178 Employer etc liable for misrepresentation (1) If the misrepresentation mentioned in section 177 (1) is made by a person acting in the course of his or her employment, the person’s employer commits an offence. Maximum penalty: 200 penalty units. (2) If the misrepresentation mentioned in section 177 (1) is made by a person authorised to act for someone else, the other person commits an offence. Maximum penalty: 200 penalty units. (3) It is a defence to a prosecution for an offence against this section— (a) that the defendant took reasonable precautions to prevent misrepresentations being made by the defendant’s employees or people acting for the defendant; or (b) that the defendant did not know, and could not reasonably be expected to have known, that the representation was made or that it was untrue.