Making false or misleading representations is an offence.
The maximum civil pecuniary and criminal penalties for bodies corporate are the greater of:
- $100 million, or
- 3 times the value of the benefit obtained from the offence, or act or omission, by the body corporate and any related bodies corporate if the benefit obtained can be determined by the court, or
- if the court cannot determine the value of the benefit, 30% of the annual turnover of the body corporate.
The maximum penalty for a person is $2,500,000.
| Your obligation |
Section of the Competition and Consumer Act Schedule 2 - Australian Consumer Law |
Civil penalty section of the Act |
Criminal penalty section of the Act |
| You must not make false or misleading representations concerning the place of origin of goods. |
29(1)(k) |
224(3) |
151 |
In addition to the criminal or civil penalties, consumer protection agencies can:
- require a business to provide information that will support claims or representations made about goods or services through a substantiation notice
- accept court-enforceable undertakings
- issue public warning notices.