(1) It is an unfair practice for a person in the course of trade or commerce to make a false, misleading or deceptive representation or to engage in conduct that is or is likely to be misleading or deceptive, particularly in relation to the nature, manufacturing process, characteristics, suitability for purpose or quality of goods or service.
(2) With respect to any goods or service that is the subject of a consumer agreement or in the marketing of any such goods or service, a supplier shall not, by words or conduct —
(a) directly or indirectly express or imply a false, misleading or deceptive representation concerning a material fact to a consumer;
(b) use exaggeration, innuendo or ambiguity as to a material fact, or fail to disclose a material fact if that failure amounts to a deception;
(c) knowingly permit a consumer to believe a false, misleading or deceptive state of facts; or
(d) fail to correct an apparent misapprehension on the part of a consumer that amounts to a false, misleading or deceptive representation or permit or require any other person to do so on behalf of the supplier.
(3) Without limiting the generality of subsection (1), it is a false, misleading or deceptive representation to falsely state or imply, or allow a consumer to incorrectly believe, that —
(a) the supplier has status, affiliation, connection, sponsorship or approval that he or she does not have;
(b) goods or a service —
(i) have ingredients, performance characteristics, accessories, uses, benefits, qualities, sponsorship or approval that the goods or a service does not have,
(ii) is of a particular standard, quality, grade, style or model,
(iii) subject to subsection (4), is new or unused, if the goods are not or if the goods are re-conditioned, reclaimed or rebuilt,
(iv) has been used for a period, to an extent, or in a manner that is materially different from the facts,
(v) has been supplied in accordance with a previous representation,
(vi) are available, or can be delivered or performed within a specified time;
(c) a necessary service, maintenance or repair facility or part is readily available for or within a reasonable period;
(d) a service, part, replacement, maintenance or repair is needed or available;
(e) a specific price advantage exists;
(f) a charge or proposed charge is for a specific purpose;
(g) an employee, salesperson, representative or agent has authority to negotiate the terms of, or conclude, a consumer agreement;
(h) the transaction affects, or does not affect, any rights, remedies or obligations;
(i) a particular solicitation of, or communication with, the consumer is for a particular purpose; or
(j) the consumer will derive a particular benefit if he or she assists the supplier in obtaining a new customer.
(4) A representation contemplated in subsection (3)(b)(iii) to the effect that goods are new is not false, misleading or deceptive if the goods have been used by or on behalf of the manufacturer, importer, distributor or supplier for the purposes of reasonable testing, servicing, preparation or delivery.
(5) A consumer agreement concluded on the basis of a false, misleading or deceptive representation is unenforceable at the option of the consumer.
(6) A person who contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.