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Misleading or deceptive conduct (often referred to as just misleading conduct) is a doctrine of Australian law.. Section 18 of the Australian Consumer Law, [1] which is found in schedule 2 of the Competition and Consumer Act 2010, [2] [3] prohibits conduct by corporations in trade or commerce which is misleading or deceptive or is likely to mislead or deceive.
The Australian Consumer Law (ACL) is based on the proposition that low consumer power or lack of information is a market failure which needs to be addressed by interference in the market. These parts deal with: Unfair Practices (including unconscionable conduct, misleading or deceptive conduct and unfair contracts) - Chapter 2 and Part 3-1
The United States federal government regulates advertising through the Federal Trade Commission [49] (FTC) with truth-in-advertising laws [50] and enables private litigation through a number of laws, most significantly the Lanham Act (trademark and unfair competition). Specifically, under Section 43(a), false advertising is an actionable civil ...
The ACCC administers the Competition and Consumer Act, and has standing to take action in the Federal Court of Australia to enforce its provision. [8] The Competition and Consumer Act contains a broad range of provisions, such as provisions on anti-competitive conduct, the Australian Consumer Law and regulation of telecommunications and energy industries. [9]
The Australian Consumer Law was developed by agreement of the Council of Australian Governments. [3]The Competition and Consumer Act 2010 (referred to as Australian Consumer Law) was enacted into legislation by the Parliament of Australia to provide a more robust framework of protection for consumer transactions within Australia.
In Australia, two-price advertising comes under the Competition and Consumer Act 2010 as misleading conduct. The Australian Competition & Consumer Commission (ACCC) is responsible for enforcing that act and cooperates with the various state-government departments of fair trading or consumer protection which also investigate such matters.
In Australia unfair business practices are regulated under the Australian Consumer Law which is enforced by the Australian Competition & Consumer Commission (ACCC). For example, in 2023 the ACCC took action against airline Qantas for, among other things, advertising and allowing customers to book unavailable flights. [8]
Within trade and commerce, the law regarding misrepresentation is dealt with by the Australian Consumer Law, under Section 18 and 29 of this code, the ACL calls contractual misrepresentations as "misleading and deceptive conduct" and imposes a prohibition.