(c) That's right. Offering gifts and prizes, or cash rebates, to encourage consumers to acquire goods or services, is common practice. According to s 32, such practices are only prohibited as unfair if the offer is made without any intention of providing the gift, prize or rebate. If this prohibition is breached, a pecuniary penalty can be imposed on the supplier. In addition, if an offer of a gift, prize or rebate is made and what was promised is not actually provided to the consumer within a reasonable time, a pecuniary penalty can be imposed on the supplier.

However, a failure to provide a gift, prize or rebate can be excused if the failure is due to circumstances beyond the supplier's control, and provided that the supplier took reasonable precautions to avoid the failure. In the present case, it would appear that A has not taken any steps to check the availability of the gift he has offered his customers. His failure to deliver would not be excused.