Frequently Asked Questions
Q: When is an individual considered to be in contravention of the bait advertising provisions?
For a person to be
found liable of contravening the s 35(1) of the Australian Consumer Law (the ACL) provisions of bait advertising, is
dependent on the person’s knowledge during the time of when the advertising was
directed to the consumer. The s 35(2) provisions, creates an absolute liability
towards the advertiser, by obliging him or her to offer the goods and services
which is advertised to be supplied.
One of the elements of the s 35 provisions is that of reasonableness, and reasonableness will be dependent on the nature of the product that is being advertised, as well as the length of the sale of the advertised product. In ascertaining reasonableness, past practices may also be taken into account.