QLDIn ForceAct
Fair Trading Act 1989
sec.92Offences
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### sec.92 Offences
A person who—
contravenes; or
aids, abets, counsels or procures a person to contravene; or
induces a person whether by threats or promises or otherwise to contravene; or
is in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of; or
conspires with others to contravene;
a provision of this Act for which a penalty is provided, commits an offence against this Act.
A provision of this Act for which a penalty is provided would include any provision of the Australian Consumer Law (Queensland), chapter 4 that provides for an offence.
Each of the persons mentioned in subsection (1) (a) to (d) is taken to have committed the offence that is the contravention of the provision and may be charged with actually committing the offence.
A person who counsels, procures, or induces another person to contravene the provision may be charged with committing the offence or with counselling, procuring or inducing the commission of the offence.
A conviction of counselling, procuring or inducing the commission of the offence, or conspiring to commit the offence, has the same consequences in all respects as a conviction of committing the offence.
Subsection (1) (b) to (d) only applies when a provision of this Act is contravened.
This section is in addition to, and does not limit, the Criminal Code , chapter 2 and the Acts Interpretation Act 1954 , section 41A .
s 92 amd 1994 No. 36 ss 13 , 2 sch
amd 1997 No. 12 s 42 (3) – (5) ; 2010 No. 54 s 37
(sec.92-ssec.1) A person who— contravenes; or aids, abets, counsels or procures a person to contravene; or induces a person whether by threats or promises or otherwise to contravene; or is in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of; or conspires with others to contravene; a provision of this Act for which a penalty is provided, commits an offence against this Act. A provision of this Act for which a penalty is provided would include any provision of the Australian Consumer Law (Queensland), chapter 4 that provides for an offence.
(sec.92-ssec.2) Each of the persons mentioned in subsection (1) (a) to (d) is taken to have committed the offence that is the contravention of the provision and may be charged with actually committing the offence.
(sec.92-ssec.3) A person who counsels, procures, or induces another person to contravene the provision may be charged with committing the offence or with counselling, procuring or inducing the commission of the offence.
(sec.92-ssec.4) A conviction of counselling, procuring or inducing the commission of the offence, or conspiring to commit the offence, has the same consequences in all respects as a conviction of committing the offence.
(sec.92-ssec.5) Subsection (1) (b) to (d) only applies when a provision of this Act is contravened.
(sec.92-ssec.6) This section is in addition to, and does not limit, the Criminal Code , chapter 2 and the Acts Interpretation Act 1954 , section 41A .
- (a) contravenes; or
- (b) aids, abets, counsels or procures a person to contravene; or
- (c) induces a person whether by threats or promises or otherwise to contravene; or
- (d) is in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of; or
- (e) conspires with others to contravene;