Page 1606 - Week 04 - Thursday, 25 March 2010

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(1) A person must not, in trade or commerce, in connection with the supply or possible supply of goods or services in relation to motor vehicle repair work or in connection with the promotion by any means of the supply or use of goods or services in relation to motor vehicle repair work—

(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; or

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

(d) falsely represent that a particular person has agreed to acquire goods or services; or

(e) represent that goods or services have sponsorship, approval, performance characteristics, accessories, uses or benefits they do not have; or

(f) represent that the person has a sponsorship, approval or affiliation he or she does not have; or

(g) make a false or misleading representation in relation to the price of goods or services; or

(h) make a false or misleading representation about the availability of facilities for the repair of goods or of spare parts for goods; or

(i) make a false or misleading representation about the place of origin of goods; or

(j) make a false or misleading representation about the need for any goods or services; or

(k) make a false or misleading representation about the existence, exclusion or effect of any condition, warranty, guarantee, right or remedy; or

(l) make a false or misleading representation that services have been or are to be performed with the equipment, materials and skill necessary to carry out the work satisfactorily, having regard to the age and make of the vehicle, part or system.

(2) A person does not contravene subsection (1) (i) if the person makes a representation about the country of origin of goods and the person complies with the Trade Practices Act 1974 (Cwlth), part 5 (Consumer protection), division 1AA (Country of origin representations).

(3) A person commits an offence if the person contravenes subsection (1).

Maximum penalty: 200 penalty units.

(4) In this section:

goods—see the Fair Trading Act 1992, dictionary.

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