Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 58AG

Meaning of scam

  (1)   A scam is a direct or indirect attempt (whether or not successful) to engage an SPF consumer of a regulated service where it would be reasonable to conclude that the attempt:

  (a)   involves deception (see subsection   (2)); and

  (b)   would, if successful, cause loss or harm including obtaining SPF personal information of, or a financial or other benefit from, the SPF consumer or the SPF consumer's associates.

  (2)   The attempt involves deception if the attempt:

  (a)   deceptively represents something to be (or to be related to) the regulated service; or

  (b)   impersonates a regulated entity in connection with the regulated service; or

  (c)   is an attempt to deceive the SPF consumer into:

  (i)   performing an action using the regulated service; or

  (ii)   facilitating another person to perform an action using the regulated service; or

  (d)   is an attempt to deceive the SPF consumer that is made using the regulated service.

  (3)   The attempt may be a single act or a course of conduct.

  (4)   However, the attempt is not a scam if the attempt is of a kind prescribed by the SPF rules.



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