58AGMeaning of scam

58AG Meaning of scam

(1) A scam is a direct or indirect attempt (whether or not successful) to engage an SPF consumer of a regulated service where it would be reasonable to conclude that the attempt:

(a) involves deception (see subsection (2)); and

(b) would, if successful, cause loss or harm including obtaining SPF personal information of, or a financial or other benefit from, the SPF consumer or the SPF consumer’s associates.

(2) The attempt involves deception if the attempt:

(a) deceptively represents something to be (or to be related to) the regulated service; or

(b) impersonates a regulated entity in connection with the regulated service; or

(c) is an attempt to deceive the SPF consumer into:

(i) performing an action using the regulated service; or

(ii) facilitating another person to perform an action using the regulated service; or

(d) is an attempt to deceive the SPF consumer that is made using the regulated service.

(3) The attempt may be a single act or a course of conduct.

(4) However, the attempt is not a scam if the attempt is of a kind prescribed by the SPF rules.