Section 58AH — Competition and Consumer Act 2010: Meaning of SPF consumer

(1) An SPF consumer, of a regulated service, is any of the following: (a) a natural person, or a small business operator, who is or may be provided or purportedly provided the service in Australia; (b) a natural person who: (i) is ordinarily resident in Australia; and (ii) is or may be provided or purportedly provided the service outside of Australia by a regulated entity that satisfies the residency requirements in subsection (2). (2) The regulated entity satisfies the residency requirements if it: (a) is an Australian resident (within the meaning of the Income Tax Assessment Act 1997); or (b) is so providing or purportedly providing the service through a permanent establishment (within the meaning of the Income Tax Assessment Act 1997) in Australia. Note 1: For paragraph (1)(a), a person who is a small business operator at the time the person is impacted by a scam continues to be an SPF consumer for that time even if the business later has 100 or more employees. Note 2: Sections 58GA to 58GC extend the meaning of person for partnerships, unincorporated associations and trusts. (3) Subsection (1) includes the provision or purported provision of a regulated service: (a) directly or indirectly to the person; or (b) whether or not under a contract, arrangement or understanding with the person; or (c) whether or not the regulated entity providing the service knows that the person is: (i) a natural person; or (ii) a small business operator; or (d) that involves the supply of goods. Note: This is not an exhaustive list. (4) However, the person is not an SPF consumer of the regulated service if a condition prescribed by the SPF rules applies to the person in relation to regulated services of that kind. (5) In this section: annual turnover has the same meaning as in the Corporations Act 2001. related body corporate has the same meaning as in the Corporations Act 2001. small business operator means a person who carries on a business if: (a) in the case of the person being a body corporate: (i) the sum of the person’s employees, and the employees of any body corporate related to the person, is less than 100 employees; and (ii) the person’s annual turnover during the last financial year is less than $10 million; and (b) in the case of the person not being a body corporate: (i) the person has less than 100 employees; and (ii) the person’s annual turnover (worked out as if the person were a body corporate) during the last financial year is less than $10 million; and (c) in every case—the business has a principal place of business in Australia. (6) Section 4B (about consumers) does not apply to this Part.