(iii) the conferring of rights, benefits or privileges for which remuneration is
payable in the form of a royalty, tribute, levy or similar exaction;
(b) a contract of insurance;
(c) a contract between a banker and a customer of the banker entered into in the
course of the carrying on by the banker of the business of banking; or
(d) any contract for or in relation to the lending of moneys,
but does not include rights or benefits being the supply of goods or the performance
of work under a contract of service.’
▪ Note that the definition of ‘services’ excludes rights or benefits to be provided under
an employment contract
▪ These are specifically dealt with in s 31.
▪ The term ‘supply’ is also defined broadly in s 2(1) to include supply by way of ‘sale,
exchange, lease, hire or hire purchase’.
Section 29(a) and (b) – particular standard, quality, value, grade, etc.
▪ Section 29(1)(a) prohibits a person from falsely representing that goods are of a
particular standard, quality, value, grade, composition, style or model or have had a
particular history or particular previous use.
▪ Section 29(1)(b) prohibits a person from falsely representing that services are of a
particular standard, quality, value or grade.
▪ A representation that goods are of a ‘particular standard’ is a representation that the
goods comply with an ‘indicated’ or ‘certain’ standard:
▪ Gardam v George Wills & Co Ltd (1988)
▪ A standard is an ‘ascertained’ or ‘definite degree’ of quality
▪ Section 29(1)(a) applies where the respondent has represented that the goods have
reached a particular benchmark that is used to judge the quality of that type of
▪ P. 349 of text
▪ Hartnell v Sharp
• Microwaves had not been tested or approved in the way that they had
▪ A representation that a product complies with a standard promulgated by an official
body such as the Standards Association of Australia will contravene this section, but
the operation of Section 29(1)(a) is not restricted to standards that have been
officially promulgated by government authorities.
▪ Section 29(1)(a) will be contravened where the respondent falsely represents
compliance with a standard that has come to be generally accepted within an
industry for that type of product: