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Consumer ProtectionWAHARD

A WA developer engages in 'bait advertising' by promoting properties at prices they have no intention of selling at. Under the Australian Consumer Law, what is the potential consequence?

Correct Answer

B) Pecuniary penalties that can run to millions, plus injunctions and corrective advertising

Bait advertising is prohibited under section 35 of the Australian Consumer Law. Penalties for corporations can reach millions of dollars per contravention. Courts can also order injunctions, corrective advertising, and other remedies. Individuals involved can also face personal liability.

Answer Options
A
A warning letter from the regulator, since bait advertising is treated as a minor matter
B
Pecuniary penalties that can run to millions, plus injunctions and corrective advertising
C
A small fixed infringement fee per advertisement, with no court-ordered remedies available
D
No penalty, provided the developer later sells one property at the advertised price

Why This Is the Correct Answer

Section 35 of the ACL is a civil penalty provision; corporations face penalties in the millions, and courts can grant injunctions and order corrective advertising.

Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

bait advertisingsection 35 ACLpenalties
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