(1) For the purposes of this Chapter, a commercial practice involves a misleading omission if, considering the matters mentioned in subsection (3), the practice -

(a) omits material information,

(b) omits information which the trader is required under any other enactment to give to a consumer as part of the practice, or

(c) fails to identify its commercial intent (unless it is already apparent from the context).

(2) In subsection (1)(a), "material information" means information that the average consumer needs to take an informed transactional decision.

(3) The matters referred to in subsection (1) are -

(a) any limitations resulting from the means of communication used in the commercial practice (including limitations of space or time), and

(b) any steps taken by the trader to overcome those limitations by providing information by other means.

(4) In this section, references to omitting information include providing information -

(a) in a way that is unclear or untimely, or