Which of the Following Is NOT One of the Guidelines

Which of the following is NOT one of the guidelines for determining if conduct is misleading and deceptive within the meaning of s 18 of the Australian Consumer Law?

A) Decide whether the conduct was capable of misleading or deceiving the relevant section of the public.
B) Establish that at least half of the relevant section of the public would have been misled or deceived by the conduct of the defendant.
C) Identify the relevant section of the public targeted by the conduct of the defendant.
D) Decide whether the conduct of the defendant caused the misconception.