The ACL Section 18(1) provides that “A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.” In addition to applying to persons generally, this section applies as a Commonwealth law to the conduct of corporations ( Section 131 , CCA).. Misleading and deceptive conduct. Section 18 of the ACL states that a person must not, in trade or commerce, engage in misleading or deceptive conduct.. The prohibition on misleading and deceptive conduct is not limited to consumer transactions and parties can rely on section 18 for protection in their commercial dealings.
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4.6.1 False or misleading representations about sale etc. of land; 4.6.2 Misleading conduct in relation to employment; 4.6.3 Offering rebates, gifts, prizes etc. 4.6.4 Misleading conduct as to the nature etc. of goods; 4.6.5 Misleading conduct as to the nature etc. of services; 4.6.6 Bait advertising; 4.6.7 Wrongly accepting payment. Section 18 of the ACL provides: “A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive”. A party seeking a cause of action under section 18 must therefore establish that the relevant conduct occurred in trade or commerce and that the conduct was misleading or deceptive.
