Section 2 — Competition and Consumer Act 2010: Definitions

(1) In this Schedule: ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999. acceptable quality: see sections 54(2) to (7). ACN has the meaning given by section 9 of the Corporations Act 2001. acquire includes: (a) in relation to goods—acquire by way of purchase, exchange or taking on lease, on hire or on hire-purchase; and (b) in relation to services—accept. Note: Section 5 deals with when receipt of a donation is an acquisition. adjusted turnover, of a body corporate during a period, means the sum of the values of all the supplies that the body corporate, and any body corporate related to the body corporate, have made, or are likely to make, during the period, other than: (a) supplies made from any of those bodies corporate to any other of those bodies corporate; or (b) supplies that are input taxed; or (c) supplies that are not for consideration (and are not taxable supplies under section 72-5 of the A New Tax System (Goods and Services Tax) Act 1999); or (d) supplies that are not made in connection with an enterprise that the body corporate carries on; or (e) supplies that are not connected with the indirect tax zone. Expressions used in this definition that are also used in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning as in that Act. adverse publicity order: see section 247(2). affected person, in relation to goods, means: (a) a consumer who acquires the goods; or (b) a person who acquires the goods from the consumer (other than for the purpose of re-supply); or (c) a person who derives title to the goods through or under the consumer. agreement document: see section 78(2). applicable industry code has the meaning given by section 51ACA(1) of the Competition and Consumer Act. application law has the same meaning as in section 140 of the Competition and Consumer Act. article includes a token, card or document. ASIC means the Australian Securities and Investments Commission. assert a right to payment: see section 10(1). associate regulator: (a) for the purposes of the application of this Schedule as a law of the Commonwealth—means a body that is, for the purposes of the application of this Schedule as a law of a State or a Territory, the regulator within the meaning of the application law of the State or Territory; or (b) for the purposes of the application of this Schedule as a law of a State or a Territory—means: (i) the Commission; or (ii) a body that is, for the purposes of the application of this Schedule as a law of another State or a Territory, the regulator within the meaning of the application law of that other State or Territory. authority, in relation to a State or a Territory (including an external Territory), means: (a) a body corporate established for a purpose of the State or the Territory by or under a law of the State or Territory; or (b) an incorporated company in which the State or the Territory, or a body corporate referred to in paragraph (a), has a controlling interest. authority of the Commonwealth means: (a) a body corporate established for a purpose of the Commonwealth by or under a law of the Commonwealth or a law of a Territory; or (b) an incorporated company in which the Commonwealth, or a body corporate referred to in paragraph (a), has a controlling interest. banker has the same meaning as in section 4(1) of the Competition and Consumer Act. ban period for an interim ban: see section 111(1). breach turnover period, of a body corporate, for an offence or an act or omission, means the longer of the following periods: (a) the period of 12 months ending at the end of the month in which: (i) for an offence—the body corporate ceased committing the offence, or was charged with the offence (whichever is earlier); or (ii) for an act or omission—the act or omission ceased, or proceedings in relation to the act or omission were instituted (whichever is earlier); (b) the period ending at the same time as the period determined under paragraph (a) and starting: (i) for an offence—at the beginning of the month in which the body corporate committed, or began committing, the offence (as the case requires); or (ii) for an act or omission—at the beginning of the month in which the act or omission occurred or began occurring (as the case requires). business includes a business not carried on for profit. business day, in relation to an unsolicited consumer agreement, means a day that is not: (a) a Saturday or Sunday; or (b) a public holiday in the place where the agreement was made. business or professional relationship includes a relationship between employer and employee, or a similar relationship. call on, in relation to negotiating an unsolicited consumer agreement, does not include call by telephone. Commission has the same meaning as in section 4(1) of the Competition and Consumer Act. Commonwealth mandatory standard, in relation to goods, means a mandatory standard in respect of the goods imposed by a law of the Commonwealth. Commonwealth Minister means the Minister who administers Part XI of the Competition and Consumer Act. Competition and Consumer Act means the Competition and Consumer Act 2010. consumer: see section 3. consumer contract: see section 23(3). consumer goods means goods that are intended to be used, or are of a kind likely to be used, for personal, domestic or household use or consumption, and includes any such goods that have become fixtures since the time they were supplied if: (a) a recall notice for the goods has been issued; or (b) a person has voluntarily taken action to recall the goods. continuing credit contract: see section 14(1). contravening conduct: see section 239(1)(a)(i). court, in relation to a matter, means any court having jurisdiction in the matter. covering includes a stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper. credit card: see section 39(5). credit provider means a person providing, or proposing to provide, in the course of a business carried on by the person, credit to consumers in relation to the acquisition of goods or services. dealer: see section 71. debit card: see section 39(6). declared term: see sections 239(1)(a)(ii), 243A(1) and 243B(1). defective goods action means an action under section 138, 139, 140 or 141, and includes such an action because of section 138(3) or 145. disclosed purpose: see section 55(2). displayed price: see sections 47(2) to (5). document means any record of information, and includes: (a) anything on which there is writing; and (b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and (c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and (d) a map, plan, drawing or photograph. egg has the meaning given by subsection 137A(3). enforcement proceeding means: (a) a proceeding for an offence against Chapter 4; or (b) a proceeding instituted under Chapter 5 (other than under sections 237, 239, 243A and 243B). evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist. express warranty, in relation to goods, means an undertaking, assertion or representation: (a) that relates to: (i) the quality, state, condition, performance or characteristics of the goods; or (ii) the provision of services that are or may at any time be required for the goods; or (iii) the supply of parts that are or may at any time be required for the goods; or (iv) the future availability of identical goods, or of goods constituting or forming part of a set of which the goods, in relation to which the undertaking, assertion or representation is given or made, form part; and (b) that is given or made in connection with the supply of the goods, or in connection with the promotion by any means of the supply or use of the goods; and (c) the natural tendency of which is to induce persons to acquire the goods. financial product has the meaning given by section 12BAA of the Australian Securities and Investments Commission Act 2001. financial service has the meaning given by section 12BAB of the Australian Securities and Investments Commission Act 2001. free item includes a free service. free range egg has the meaning given by subsection 137A(4). gift card: see section 99A. goods includes: (a) ships, aircraft and other vehicles; and (b) animals, including fish; and (c) minerals, trees and crops, whether on, under or attached to land or not; and (d) gas and electricity; and (e) computer software; and (f) second-hand goods; and (g) any component part of, or accessory to, goods. grown: see section 255(7). GST has the meaning given by section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999. industry code has the meaning given by section 51ACA of the Competition and Consumer Act. information provider: see sections 19(5) and (6). information standard: see section 134(1). inner container includes any container into which goods are packed, other than a shipping or airline container, pallet or other similar article. interest, in relation to land, means: (a) a legal or equitable estate or interest in the land; or (b) a right of occupancy of the land, or of a building or part of a building erected on the land, arising by virtue of the holding of shares, or by virtue of a contract to purchase shares, in an incorporated company that owns the land or building; or (c) a right, power or privilege over, or in connection with, the land. interim ban: see sections 109(1) and (2). involved: a person is involved, in a contravention of a provision of this Schedule or in conduct that constitutes such a contravention, if the person: (a) has aided, abetted, counselled or procured the contravention; or (b) has induced, whether by threats or promises or otherwise, the contravention; or (c) has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or (d) has conspired with others to effect the contravention. joint liability proceedings means proceedings relating to the joint and several liability under section 278 of a linked credit provider and a supplier of goods or services. label includes a band or ticket. lay-by agreement: see section 96(3). linked credit contract: see section 278(2). linked credit provider, in relation to a supplier of goods or services, means a credit provider: (a) with whom the supplier has a contract, arrangement or understanding relating to: (i) the supply to the supplier of goods in which the supplier deals; or (ii) the business carried on by the supplier of supplying goods or services; or (iii) the provision to persons to whom goods or services are supplied by the supplier of credit in respect of payment for those goods or services; or (b) to whom the supplier, by arrangement with the credit provider, regularly refers persons for the purpose of obtaining credit; or (c) whose forms of contract, forms of application or offers for credit are, by arrangement with the credit provider, made available to persons by the supplier; or (d) with whom the supplier has a contract, arrangement or understanding under which contracts, applications or offers for credit from the credit provider may be signed by persons at premises of the supplier. loan contract means a contract under which a person in the course of a business carried on by that person provides or agrees to provide, whether on one or more occasions, credit to a consumer in one or more of the following ways: (a) by paying an amount to, or in accordance with the instructions of, the consumer; (b) by applying an amount in satisfaction or reduction of an amount owed to the person by the consumer; (c) by varying the terms of a contract under which money owed to the person by the consumer is payable; (d) by deferring an obligation of the consumer to pay an amount to the person; (e) by taking from the consumer a bill of exchange or other negotiable instrument on which the consumer (whether alone or with another person or other persons) is liable as drawer, acceptor or endorser. major failure: see sections 260 and 268. mandatory standard, in relation to goods, means a standard: (a) for the goods or anything relating to the goods; and (b) that, under a law of the Commonwealth, a State or a Territory, must be complied with when the goods are supplied by their manufacturer, being a law creating an offence or liability if there is such non-compliance; but does not include a standard which may be complied with by meeting a higher standard. manufacturer: see section 7. market has the same meaning as in section 4E of the Competition and Consumer Act. materials, in relation to goods, means: (a) if the goods are unmanufactured raw products—those products; and (b) if the goods are manufactured goods—all matter or substances used or consumed in the manufacture of the goods (other than matter or substances that are treated as overheads); and (c) in either case—the inner containers in which the goods are packed. mixed supply: see section 3(11). National Credit Code has the meaning given by section 5(1) of the National Consumer Credit Protection Act 2009. negotiated by telephone: see section 78(3). negotiation: see section 72. new participant: see section 45(2). non-linked credit contract: see section 287(5). non-party means: (a) in relation to conduct—a person who is not, or has not been, a party to an enforcement proceeding in relation to the conduct; or (b) in relation to a term of a contract—a person who is not, or has not been, a party to an enforcement proceeding in relation to the term. participant, in a pyramid scheme, means a person who participates in the scheme. participate, in a pyramid scheme: see section 44(3). participation payment: see section 45(1)(a). permanent ban: see sections 114(1) and (2). post-supply fee: see section 99D(2). premises means: (a) an area of land or any other place (whether or not it is enclosed or built on); or (b) a building or other structure; or (c) a vehicle, vessel or aircraft; or (d) a part of any such premises. price, of goods or services, means: (a) the amount paid or payable (including any charge of any description) for their acquisition; or (b) if such an amount is not specified because the acquisition is part only of a transaction for which a total amount is paid or payable: (i) the lowest amount (including any charge of any description) for which the goods or services could reasonably have been acquired from the supplier at the time of the transaction or, if not from the supplier, from another supplier; or (ii) if they could not reasonably have been acquired separately from another supplier—their value at the time of the transaction. prior negotiations or arrangements, in relation to the acquisition of goods by a consumer, means negotiations or arrangements: (a) that were conducted or made with the consumer by another person in the course of a business carried on by the other person; and (b) that induced the consumer to acquire the goods, or otherwise promoted the acquisition of the goods by the consumer. product related service means a service for or relating to: (a) the installation of consumer goods of a particular kind; or (b) the maintenance, repair or cleaning of consumer goods of a particular kind; or (c) the assembly of consumer goods of a particular kind; or (d) the delivery of consumer goods of a particular kind; and, without limiting paragraphs (a) to (d), includes any other service that relates to the supply of consumer goods of that kind. proof of transaction: see section 100(4). publish, in relation to an advertisement, means include in a publication intended for sale or public distribution (whether to the public generally or to a restricted class or number of persons) or for public display (including in an electronic form). pyramid scheme: see section 45(1). recall notice: see section 122(1). recovery period: see section 41(4). recruitment payment: see section 45(1)(b). regulations means regulations made under section 139G of the Competition and Consumer Act. regulator: (a) for the purposes of the application of this Schedule as a law of the Commonwealth—means the Commission; or (b) for the purposes of the application of this Schedule as a law of a State or a Territory—has the meaning given by the application law of the State or Territory. rejection period: see section 262(2). related, in relation to a body corporate: see section 6. related contract or instrument: see section 83(2). rely on, in relation to a term of a consumer contract or small business contract, includes the following: (a) attempt to enforce the term; (b) attempt to exercise a right conferred, or purportedly conferred, by the term; (c) assert the existence of a right conferred, or purportedly conferred, by the term. responsible Minister means: (a) the Commonwealth Minister; or (b) the Minister of a State who administers the application law of the State; or (c) the Minister of a Territory who administers the application law of the Territory. safety defect, in relation to goods: see section 9. safety standard: see section 104(1). sale by auction, in relation to the supply of goods by a person, means a sale by auction that is conducted by an agent of the person (whether the agent acts in person or by electronic means). send includes deliver, and sent and sender have corresponding meanings. serious injury or illness means an acute physical injury or illness that requires medical or surgical treatment by, or under the supervision of, a medical practitioner or a nurse (whether or not in a hospital, clinic or similar place), but does not include: (a) an ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development); or (b) the recurrence, or aggravation, of such an ailment, disorder, defect or morbid condition. services includes: (a) any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges or facilities that are, or are to be, provided, granted or conferred in trade or commerce; and (b) without limiting paragraph (a), the rights, benefits, privileges or facilities that are, or are to be, provided, granted or conferred under: (i) a contract for or in relation to the performance of work (including work of a professional nature), whether with or without the supply of goods; or (ii) a contract for or in relation to the provision of, or the use or enjoyment of facilities for, amusement, entertainment, recreation or instruction; or (iii) a contract for or in relation to the conferring of rights, benefits or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction; or (iv) a contract of insurance; or (v) 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 (vi) any contract for or in relation to the lending of money; but does not include rights or benefits being the supply of goods or the performance of work under a contract of service. share includes stock. ship has the meaning given by section 3(1) of the Admiralty Act 1988. single price: see section 48(7). small business contract: see subsection 23(4). standard form contract has a meaning affected by section 27. substantially transformed, in relation to goods: see section 255(2). substantiation notice means a notice under section 219. substantiation notice compliance period: see section 221(2). supply, when used as a verb, includes: (a) in relation to goods—supply (including re-supply) by way of sale, exchange, lease, hire or hire-purchase; and (b) in relation to services—provide, grant or confer; and, when used as a noun, has a corresponding meaning, and supplied and supplier have corresponding meanings. Note: Section 5 deals with when a donation is a supply. supply of limited title: see section 51(2). telecommunications service: see section 65(2). termination charge: see section 97(2). termination period, in relation to an unsolicited consumer agreement, means the period within which the consumer under the agreement is, under section 82 or under the agreement, entitled to terminate the agreement. tied continuing credit contract means a continuing credit contract under which a credit provider provides credit in respect of the payment by a consumer for goods or services supplied by a supplier in relation to whom the credit provider is a linked credit provider. tied loan contract means a loan contract entered into between a credit provider and a consumer where: (a) the credit provider knows, or ought reasonably to know, that the consumer enters into the loan contract wholly or partly for the purposes of payment for goods or services supplied by a supplier; and (b) at the time the loan contract is entered into the credit provider is a linked credit provider of the supplier. trade or commerce means: (a) trade or commerce within Australia; or (b) trade or commerce between Australia and places outside Australia; and includes any business or professional activity (whether or not carried on for profit). transparent: (a) in relation to a document—means: (i) expressed in reasonably plain language; and (ii) legible; and (iii) presented clearly; and (b) in relation to a term of a consumer contract or small business contract—see section 24(3). unfair, in relation to a term of a consumer contract or small business contract: see section 24(1). unsolicited consumer agreement: see section 69. unsolicited goods means goods sent to a person without any request made by the person or on his or her behalf. unsolicited services means: (a) services supplied to a person; or (b) services purported to have been supplied to a person which have not been supplied; without any request made by the person or on his or her behalf. upfront price: see section 26(2). warranty against defects: see section 102(3). (2) In this Schedule: (a) a reference to engaging in conduct is a reference to doing or refusing to do any act, including: (i) the making of, or the giving effect to a provision of, a contract or arrangement; or (ii) the arriving at, or the giving effect to a provision of, an understanding; or (iii) the requiring of the giving of, or the giving of, a covenant; and (b) a reference to conduct, when that expression is used as a noun otherwise than as mentioned in paragraph (a), is a reference to the doing of or the refusing to do any act, including: (i) the making of, or the giving effect to a provision of, a contract or arrangement; or (ii) the arriving at, or the giving effect to a provision of, an understanding; or (iii) the requiring of the giving of, or the giving of, a covenant; and (c) a reference to refusing to do an act includes a reference to: (i) refraining (otherwise than inadvertently) from doing that act; or (ii) making it known that that act will not be done; and (d) a reference to a person offering to do an act, or to do an act on a particular condition, includes a reference to the person making it known that the person will accept applications, offers or proposals for the person to do that act or to do that act on that condition, as the case may be.