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Offences

Bait advertising

Offence title:

 

Bait advertising

Act:

 

12DG Australian Securities and Investments Commission Act

Offence:

(1)   A person must not, in trade or commerce, advertise financial services for supply at a specified price, if there are reasonable grounds, of which the person is aware or ought reasonably to be aware, for believing that the person will not be able to offer for supply those services at that price: (a) for a period that is; and

(b) in quantities that are;

reasonable having regard to the nature of the market in which the person carries on business and the nature of the advertisement.

(2)   A person that has, in trade or commerce, advertised financial services for supply at a specified price must offer such services for supply at that price:

(a) for a period that is; and

(b) in quantities that are;

reasonable having regard to the nature of the market in which the person carries on business and the nature of the advertisement.

Penalty:

 

2,000 penalty units

Summary/Indictable/mixed:

 

Summary

 

Jurisdiction:

 

Local Court

How committed:

 

A salesperson sells a consumer an endowment insurance policy and suggest its features include a high interest rate making it comparable or better than superannuation.

 

Important note:

Defence: The section provides a defence of alternative supply

 

Limitation period: 3 years

 

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