Section 126 Federal Competition and Consumer Protection Act

Section 126 of the Federal Competition and Consumer Protection Act 2018 is about Representation test and publication testimonials. It is under Part XV (Consumers’ Rights) of the Act.

(1) An undertaking shall not, for the purpose of promoting, directly or indirectly, the supply or use of any goods or services or any business interest, make a representation to the public that a test as to the performance, efficacy or length of life of the goods or services has been made by any person or publish a testimonial with respect to the products, unless it can establish the matters specified in subsection (2).

(2) The matters referred to in subsection (1) are-
(a) that the representation or testimonial was previously made or published by the person by whom the test was made or the testimonial was given, as the case may be; or

(b) that before the representation or testimonial was made or published, it was approved and permission to make or publish it was given in writing by the person who made the test or gave the testimonial, as the case may be, and it accords with the representation or testimonial previously made, published or approved.