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FAIR TRADING ACT 1989 - SECT 92
Offences
92 Offences
(1) A person who— (a) contravenes; or
(b) aids, abets, counsels or procures
a person to contravene; or
(c) induces a person whether by threats or
promises or otherwise to contravene; or
(d) is in any way, directly or
indirectly, knowingly concerned in, or party to, the contravention by a person
of; or
(e) conspires with others to contravene;
a provision of this Act for
which a penalty is provided, commits an offence against this Act. Note— A
provision of this Act for which a penalty is provided would include any
provision of the Australian Consumer Law (Queensland), chapter 4 that provides
for an offence.
(2) Each of the persons mentioned in subsection (1) (a) to
(d) is taken to have committed the offence that is the contravention of the
provision and may be charged with actually committing the offence.
(3) A
person who counsels, procures, or induces another person to contravene the
provision may be charged with committing the offence or with counselling,
procuring or inducing the commission of the offence.
(4) A conviction of
counselling, procuring or inducing the commission of the offence, or
conspiring to commit the offence, has the same consequences in all respects as
a conviction of committing the offence.
(5) Subsection (1) (b) to (d) only
applies when a provision of this Act is contravened.
(6) This section is in
addition to, and does not limit, the Criminal Code , chapter 2 and the
Acts Interpretation Act 1954 , section 41A .
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