Sch 2 s 157Bait advertising

157 Bait advertising

(1) A person commits an offence if:

(a) the person, in trade or commerce, advertises goods or services for supply at a specified price; and

(b) there are reasonable grounds for believing that the person will not be able to offer for supply those goods or services at that price for a period that is, and in quantities that are, reasonable, having regard to:

(i) the nature of the market in which the person carries on business; and

(ii) the nature of the advertisement.

(2) A person commits an offence if:

(a) the person, in trade or commerce, advertises goods or services for supply at a specified price; and

(b) the person fails to offer such goods or services for supply at that price for a period that is, and in quantities that are, reasonable having regard to:

(i) the nature of the market in which the person carries on business; and

(ii) the nature of the advertisement.

(3) Subsections (1) and (2) are offences of strict liability.

Penalty

(3A) An offence against subsection (1) or (2) committed by a body corporate is punishable on conviction by a fine of not more than the greater of the following:

(a) $100,000,000;

(b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the commission of the offence—3 times the value of that benefit;

(c) if the court cannot determine the value of that benefit—30% of the body corporate’s adjusted turnover during the breach turnover period for the offence.

(3B) An offence against subsection (1) or (2) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $2,500,000.

Defence

(4) In a prosecution of a person (the defendant) under subsection (2), for failing to offer goods or services to another person (the customer), it is a defence if:

(a) the defendant proves that:

(i) he or she offered to supply, or to procure a third person to supply, goods or services of the kind advertised to the customer within a reasonable time, in a reasonable quantity and at the advertised price; or

(ii) he or she offered to supply immediately, or to procure a third person to supply within a reasonable time, equivalent goods or services to the customer in a reasonable quantity and at the price at which the first‑mentioned goods or services were advertised; and

(b) in either case, if the offer was accepted by the customer, the defendant proves that he or she has so supplied, or procured a third person to supply, the goods or services.