SUBDIVISION 093 DECEPTIVE BUSINESS/GOVERNMENT PRACTICES
Actions carried out by deceitful or dishonest conduct as part of trade or commercial business activity, with the intent to avoid liability or obtain an advantage, financial or otherwise.
This subdivision is further disaggregated by the type of deceptive business/government practice that has been committed.
Offences in this subdivision are classified into the following groups:
0931 Fraudulent trade practices
0932 Misrepresentation of professional status
0933 Illegal non-fraudulent trade practices
0931 Fraudulent trade practices
Actions carried out as part of trade or commercial activity that are intended to deceive consumers, stakeholders or other interested parties.
Inclusions:
Securities industry frauds (e.g. insider trading, issue misleading prospectus)
Breach of company code legislation (e.g. falsification of registers, false advertising)
Breach of the Trade Practices Act that constitutes a fraud offence
Fraudulent trade or commercial practices
Charge for goods or services that are not provided
Wind back speedometers on used cars
Sell used parts as new
Sell or attempt to sell a ticket for admission to entertainment where part of the proceeds are purportedly devoted to a charitable purpose without authorisation
Bait advertising (e.g. advertised sales in which stock is very limited, or is discounted for only a very brief period)
Price fixing (e.g. an agreement between business competitors to sell the same product at the same price, in order to push prices up)
Computer hacking involving fraudulent trade practices
False advertising
Exclusions:
Company offences involving the use of false instruments. These are coded to the relevant groups within Subdivision 092, Forgery and counterfeiting.
Secret commissions associated with trade practices. These are coded to Group 0999, Other fraud and deception offences, nec.
Advertisements falsely claiming a professional status. These are coded to Group 0932, Misrepresentation of professional status.
0932 Misrepresentation of professional status
Acts intended to deceive others into a mistaken belief that a person belongs to a particular profession, trade, rank or status.
Inclusions:
Advertisements falsely claiming a professional status
Impersonation of a professional or justice official
Unlicensed/unregistered person practicing a trade or profession
Exclusions:
False advertising. These are coded to Group 0931, Fraudulent trade practices.
0933 Illegal non-fraudulent trade practices
Acts intended to obtain financial gain or advantage through dishonest or unscrupulous means, not involving fraud.
Inclusions:
Selective supply (or non-supply) of a product by a manufacturer or wholesaler to business entities operating in competition with each other
Acceptance or solicitation of a ‘gazumping’ offer
