Section 125 Federal Competition and Consumer Protection Act 2018

Section 125 of the Federal Competition and Consumer Protection Act 2018 is about False, misleading or deceptive representations. It is under Part XV (Consumers’ Rights) of the Act.

(1) Where in the marketing of any goods or services an undertaking or any person acting on its behalf by words or conduct-
(a) directly or indirectly expresses or implies a false, misleading or deceptive representation concerning a material fact to a consumer or prospective consumer, or

(b) fails to correct an apparent misapprehension on the part of a consumer or prospective consumer, amounting to a false, misleading or deceptive representation or permit or require any other person to do so, the undertaking is liable for damages to any person damaged, and shall be ordered to make monetary restitution.

(2) A person acting on behalf of a supplier of any goods or services shall not –
(a) falsely represent that the person has any sponsorship, approval or affiliation, or
(b) engage in any conduct that the supplier is prohibited from engaging in under subsection (1).