Section 152 — Competition and Consumer Act 2010: False or misleading representations about sale etc. of land

(1) A person commits an offence if the person, in trade or commerce, in connection with the sale or grant, or the possible sale or grant, of an interest in land or in connection with the promotion by any means of the sale or grant of an interest in land: (a) makes a false or misleading representation that the person making the representation has a sponsorship, approval or affiliation; or (b) makes a false or misleading representation concerning the nature of the interest in the land; or (c) makes a false or misleading representation concerning the price payable for the land; or (d) makes a false or misleading representation concerning the location of the land; or (e) makes a false or misleading representation concerning the characteristics of the land; or (f) makes a false or misleading representation concerning the use to which the land is capable of being put or may lawfully be put; or (g) makes a false or misleading representation concerning the existence or availability of facilities associated with the land. (2) Subsection (1) is an offence of strict liability. Penalty (2A) An offence against subsection (1) committed by a body corporate is punishable on conviction by a fine of not more than the greater of the following: (a) $100,000,000; (b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the commission of the offence—3 times the value of that benefit; (c) if the court cannot determine the value of that benefit—30% of the body corporate’s adjusted turnover during the breach turnover period for the offence. (2B) An offence against subsection (1) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $2,500,000. Other (3) This section does not affect the application of any other provision of this Part in relation to the supply or acquisition, or the possible supply or acquisition, of interests in land.