| Commentary

287.3 Second condition

| Commentary

287.3 Second condition1

The second condition is that

  1. 287.3.1

        a trader engages in a prohibited practice2 in relation to the product; or

  2. 287.3.2

        in a business-to-consumer contract which is for goods or digital content:

    1. (a)

          a producer3 engages in a prohibited practice in relation to the goods or digital content; and

    2. (b)

          when the contract is entered into, the trader is aware of the commercial practice that constitutes the prohibited practice or could reasonably be expected to be aware of it.

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