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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.