Part 4Consumer rights and disputes

Chapter 1Protection from unfair trading

Prohibition of unfair commercial practices

226Misleading actions

(1)

For the purposes of this Chapter, a commercial practice involves a misleading action if the practice involves—

(a)

the provision of false or misleading information relating to a product, a trader or any other matter relevant to a transactional decision,

(b)

an overall presentation which is likely to deceive the average consumer about a matter relating to a product, a trader or any other matter relevant to a transactional decision,

(c)

any marketing of a product which creates confusion, or is likely to create confusion, with any product, trade mark, trade name or other distinguishing mark of another trader, or

(d)

a failure to comply with a requirement in a code of conduct to which subsection (5) applies in circumstances where the trader asserts that the trader acts in compliance with that code.

(2)

In subsection (1)(a), the reference to misleading information includes a reference to information which, although true, is presented in a misleading way.

(3)

For the purposes of subsection (1)(b), an overall presentation may be deceiving even if the information it contains is true.

(4)

In subsection (1)(c), the reference to another trader is a reference to a trader other than the trader supplying the product that is being marketed.

(5)

This subsection applies to a requirement in a code of conduct if—

(a)

there is no discretion afforded to the trader in relation to the requirement, and

(b)

compliance with the requirement is capable of being verified.