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Misleading or deceptive conduct

The Australian Consumer Law [Competition and Consumer Act 2010 (Cth) Schedule 2 s 18] prohibits conduct that is misleading or deceptive, or is likely to mislead or deceive. A major problem area is misleading or deceptive advertising. Also included are activities such as offering for sale motor cars in which the odometers have been wound back, or selling packets of food or soap powder which do not contain the stated weights. For the purpose of determining whether conduct is misleading or deceptive the courts have determined that:

  • proof of intent to deceive is not required
  • it is not necessary to establish actual deception
  • the crucial factor is the capacity or tendency to deceive.

There are specific requirements covering representations about the country of origin of goods in Part 5-3 Competition and Consumer Act 2010 (Cth), Schedule 2.

Misleading or deceptive conduct  :  Last Revised: Fri Feb 22nd 2013
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.