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19 2007

Consumer Protection Act 2007

PART 5

Proceedings, Remedies and Penalties

Chapter 1

Interpretation and General Matters related to Proceedings

Definition (Part 5).

67 .— In this Part “prohibited act or practice” means any of the following:

(a) any unfair, misleading or aggressive commercial practice under Part 3 ;

(b) any contravention of section 48 (3) or 49 (1);

(c) any contravention of section 55 (1) or (3), 59 (2) or 60 (1);

(d) any contravention of section 65 (1);

(e) any contravention of a regulation under section 50 or 57 or an order referred to in section 92 ;

(f) any contravention of an order under section 62 (1),

but subject to the exclusion of one or more of the foregoing provisions provided for in section 71 , 73 , 74 or 75 .

Presumption respecting representations.

68 .— If, in any proceedings under this Act, the truth of a factual claim in a representation is an issue and the trader who made the representation, or on whose behalf the representation was made, does not establish on the balance of probabilities that it is true, then the representation shall be presumed to be untrue.

Advertisers.

69 .— (1) In this section:

“advertiser” means a person who publishes advertisements;

“ contravening advertisement ” means—

(a) an unfair, misleading or aggressive commercial practice in the form of an advertisement, or

(b) an advertisement that is—

(i) a prohibited commercial practice under section 55 (1) or (3),

(ii) in contravention of section 49 (1), or

(iii) in contravention of a regulation under section 50 (2).

(2) An advertiser who publishes a contravening advertisement on behalf of a trader does not commit an offence under section 47 , 49 (3), 51 (2) or 56 and is not liable under section 74 (respecting consumer’s right of action for damages) if the advertiser proves that the advertiser did not know and had no reason to suspect that its publication would be in contravention of section 41 (1), 42 , 49 (1), 50 (2), 51 (2), 52 , 54 , 55 (1) or (3) or 56 .

(3) An advertiser who accepts or agrees to publish an advertisement for a trader shall—

(a) make a record of the name and address of that trader, and

(b) keep that record for not less than 2 years from the last day on which the advertisement is published.

(4) An advertiser who contravenes subsection (3) commits an offence and is liable on summary conviction to the fines and penalties provided in Chapter 4 .

Offence of trader due to act or default of another person.

70 .— (1) If, in relation to a commercial practice of a trader, the trader commits an offence under this Act and its commission is due to the act or default of another person, that other person shall also be guilty of an offence and may be charged with and convicted of it whether or not proceedings for an offence are brought against the trader.

(2) A person guilty of an offence under subsection (1) is liable on conviction to the same range of fines and penalties provided in Chapter 4 that the trader referred to in subsection (1) is or would be liable in respect of that offence.