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Legislative Assembly for the ACT: 1997 Week 1 Hansard (20 February) . . Page.. 229 ..

MR OSBORNE (continuing):

Here is the best one, in big letters:

ACT Government Accredited Driving Instructors. Log Book Training a Specialty.

No Driving Test Required.

Minister, given that the new scheme has not yet been passed into law by this Assembly, have these driving schools breached the ACT Fair Trading Act 1992 by advertising what would appear to be misleading information? I will quickly refresh your memory on what the Act says. It says:

Misleading conduct in relation to services

A person shall not, in trade or commerce, engage in conduct that is liable to mislead the public as to the nature, the characteristics, the suitability for their purpose or the quantity of any services.

Another part says:

A person shall not, in trade or commerce, in connection with the supply or possible supply of goods or services or in connection with the promotion by any means of the supply or use of goods or services -

(a) falsely represent that goods are of a particular standard, quality, value, grade, composition, style or model or have had a particular history or particular previous use;

(b) falsely represent that services are of a particular standard, quality, value or grade;

Paragraph (e), down at the bottom, says:

represent that goods or services have sponsorship, approval, performance characteristics, accessories, uses or benefits they do not have.

Once again, Minister, my question is: Given that the law has not been passed yet, do you agree that these driver training schools have breached that code? What will you do about it?

MR SPEAKER: Questions should not ask Ministers for a legal opinion. I presume that your answer will not canvass that area either.

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