Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.