Existence exclusion or effect of any condition

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Introduction to Psychology: Gateways to Mind and Behavior
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Chapter 13 / Exercise 3
Introduction to Psychology: Gateways to Mind and Behavior
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existence, exclusion or effect of any condition, warranty, guarantee, right or remedy (including a guarantee under Division 1 of Part 32); or(n)makes a false or misleading representation concerning a requirement to pay for a contractual right that:(i)is wholly or partly equivalent to any condition, warranty, guarantee, right or remedy (including a guarantee under Division 1 of Part 32); and(ii)a person has under a law of the Commonwealth, a State or a Territory (other than an unwritten law).
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Introduction to Psychology: Gateways to Mind and Behavior
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Chapter 13 / Exercise 3
Introduction to Psychology: Gateways to Mind and Behavior
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Penalty:(a)if the person is a body corporate—$1,100,000; or(b)if the person is not a body corporate—$220,000.Note:For rules relating to representations as to the country of origin of goods, see Part 53.(2)For the purposes of applying subsection (1) in relation to a proceeding concerning a representation of a kind referred to in subsection (1)(e) or (f), the representation is taken to be misleading unless evidence is adduced to the contrary.(3)To avoid doubt, subsection (2) does not:(a)have the effect that, merely because such evidence to the contrary is adduced, the representation is not misleading; or(b)have the effect of placing on any person an onus of proving that the representation is not misleading.(4)Subsection (1) is an offence of strict liability.Mens ReaßIt is unnecessaryto prove a ‘guilty mind’; being, that the corporation knew the representation was false or was reckless as to the falsity of the representation.ßStrict liabilityßThe criminal provision provides that the offence is one of strict liabilityßFor the meaning of ‘strict liability’, see Section 6.1 Criminal CodePersons Liable ßAll those associated with the representation are prima facie liable, but note:ßSection 38ßThe effect of Section 38is to provide an exemption to ‘information providers’ with respect to the publication of material that would otherwise be false or misleadingßThe defence of relaying information would apply to Section 29ßThe respondent will have a defence if it can establish that it made it clear that it was not the source of the information and that it had no knowledge of the truth or otherwise of that information: Saints Gallery Pty Ltd v PlummerDefinitions Of Terms ßThe terms ‘goods’ and ‘services’ are both defined very broadly in Section 2(1) as follows:ß‘"Goods" includes:(a) ships, aircraft and other vehicles;(b) animals, including fish;(c) minerals, trees and crops, whether on, under or attached to land or not; and(d) gas and electricity’(e) computer software(f) second hand goods(g) any component part of, or accessory to goods.ß"Services" includes any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges or facilities that are, or are to be, provided, granted or conferred in trade or commerce.
(a) a contract for or in relation to:(i) the performance of work (including work of a professional nature), whether with or without the supply of goods;(ii) the provision of, or the use or enjoyment of facilities for, amusement, entertainment, recreation or instruction; or

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