082 Deceptive business practices

Deceptive business practices are deceitful or dishonest words or actions as part of a trade or commercial business activity, with the intent to avoid liability or obtain an advantage, whether financial or otherwise.

Fraudulent trade practices are actions undertaken as part of trade or commercial activity that are intended to deceive consumers, stakeholders, or other interested parties.

• Bait or false advertising, such as underquoting
• Breach trade practice legislation that constitutes a fraud offence
• Charge for goods or services that are not provided
• Deceptive business conduct
• False trading or fraudulent trade
• Insider trading
• Manipulate markets or financial benchmarks
• Manufacture or sell fake or counterfeit goods
• Unlawful use, sale, or promotion of illegal or untested health remedies
• Other fraudulent trade practices

• Advertisements falsely claiming a professional status – coded to 0822 Misrepresentation of professional status
• Dishonest trade practices that are not fraudulent – coded to 0829 Deceptive business practices, nec
• Embezzlement of money or other assets – coded to 0823 Embezzlement
• Financial management offences that do not involve fraud – coded to 1712 Financial management or corporate governance offences

These offences are acts intended to deceive others into a mistaken belief that a person belongs to a particular profession, trade, rank, or status.

• Advertisements falsely claiming a professional status
• Practice a trade or profession without a licence or without registration
• Use of a forged contract, document, or certificate to misrepresent professional status
• Other misrepresentation of professional status

• False advertising – coded to 0821 Fraudulent trade practices
• Impersonating a police officer or justice official – coded to 1519 Offences against national security, nec

Embezzlement includes the theft or misappropriation of money or other assets placed in a person’s trust or belonging to their employer.

• Embezzle money or property
• Financial misappropriation
• Theft or misappropriation of estate assets by the executor of a will
• Use fraud for gain by a person in a position of trust, such as an accountant, agent, collector, business partner, employee, or council member
• Other embezzlement

• Misuse of power that does not involve embezzlement or bribery – coded to 0839 Corruption, nec
• Rent-to-steal or other conversion offences – coded to the relevant groups in 07 Theft

This group includes deceptive business practices intended to obtain financial gain or advantage through dishonest or unscrupulous means that are not elsewhere classified. This includes cartel offences and anti-competition offences that are not fraudulent.

• Bankruptcy fraud
• Cartel business practices, such as price-fixing or bid-rigging 
• Provide dishonest information about use of personal data
• Selective supply or non-supply of a product by a manufacturer or wholesaler to competing business entities
• Solicit or accept a ‘gazumping’ offer
• Other deceptive business practices not elsewhere classified

• Bait advertising, false advertising, or other fraudulent trade practices – coded to 0821 Fraudulent trade practices
• Misuse of position of power in business or government – coded to 0839 Corruption, nec