Investor Presentaiton
[Rev. 2016]
Consumer Protection
No. 46 of 2012
PART III - UNFAIR PRACTICES
12. False representation
(1) It is an unfair practice for a person to make a false, misleading or deceptive
representation.
(2) Without limiting the generality of what constitutes a false, misleading
or deceptive representation, the following are included as false, misleading or
deceptive representations―
(a) a representation that the goods or services have sponsorship,
approval, performance characteristics, accessories, uses,
ingredients, benefits or qualities they do not have;
(b) a representation that the person who is to supply the goods or services
has sponsorship, approval, status, affiliation or connection the person
does not have;
(c) a representation that the goods or services are of a particular
standard, quality, grade, style or model, if they are not;
(d) a representation that the goods are new, or unused, if they are not
or are reconditioned or reclaimed, but the reasonable use of goods to
enable the person to service, prepare, test and deliver the goods does
not result in the goods being deemed to be used for the purposes of
this paragraph;
(e) a representation that the goods have been used to an extent that is
materially different from the fact;
(f)
a representation that the goods or services are available for a reason
that does not exist;
(g) a representation that the goods or services have been supplied in
accordance with a previous representation, if they have not;
(h) a representation that the goods or services or any part of them are
available or can be delivered or performed when the person making
the representation knows or ought to know they are not available or
cannot be delivered or performed;
(i)
(j)
(k)
(1)
a representation that the goods or services or any part of them will be
available or can be delivered or performed by a specified time when
the person making the representation knows or ought to know they will
not be available or cannot be delivered or performed by the specified
time;
a representation that a service, part, replacement or repair is needed
or advisable, if it is not;
a representation that a specific price advantage exists, if it does not;
a representation that misrepresents the authority of a salesperson,
representative, employee or agent to negotiate the final terms of the
agreement;
(m) a representation that the transaction involves or does not involve
rights, remedies or obligations if the representation is false,
misleading or deceptive;
(n) a representation using exaggeration, innuendo or ambiguity as to a
material fact or failing to state a material fact if such use or failure
deceives or tends to deceive;
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