sec.216False representations about goods

### sec.216 False representations about goods A licensee or motor salesperson must not represent in any way to someone else anything that is false or misleading about the sale or auction of goods. Maximum penalty—540 penalty units. Without limiting subsection (1) , a representation is taken, for the subsection, to be false or misleading if it would reasonably tend to lead to a belief in the existence of a state of affairs that does not in fact exist, whether or not the representation indicates that state of affairs does exist. Also, if a person makes a representation about a matter and the person does not have reasonable grounds for making the representation, the representation is taken to be misleading. The onus of establishing that the person had reasonable grounds for making the representation is on the person. It is not a defence in a proceeding for a contravention of subsection (1) for the defendant to prove that an agreement with the person was terminated or that the person did not enter into an agreement because of the representation. This section does not limit another Act or law about false or misleading representations. See, for example, the Australian Consumer Law, section 29 . In this section— false or misleading , in relation to a representation, includes the wilful concealment of a material fact in the representation. A person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this section. (sec.216-ssec.1) A licensee or motor salesperson must not represent in any way to someone else anything that is false or misleading about the sale or auction of goods. Maximum penalty—540 penalty units. (sec.216-ssec.2) Without limiting subsection (1) , a representation is taken, for the subsection, to be false or misleading if it would reasonably tend to lead to a belief in the existence of a state of affairs that does not in fact exist, whether or not the representation indicates that state of affairs does exist. (sec.216-ssec.3) Also, if a person makes a representation about a matter and the person does not have reasonable grounds for making the representation, the representation is taken to be misleading. (sec.216-ssec.4) The onus of establishing that the person had reasonable grounds for making the representation is on the person. (sec.216-ssec.5) It is not a defence in a proceeding for a contravention of subsection (1) for the defendant to prove that an agreement with the person was terminated or that the person did not enter into an agreement because of the representation. (sec.216-ssec.6) This section does not limit another Act or law about false or misleading representations. See, for example, the Australian Consumer Law, section 29 . (sec.216-ssec.7) In this section— false or misleading , in relation to a representation, includes the wilful concealment of a material fact in the representation. A person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this section.