Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 87D

Definitions

    In this Part, unless the contrary intention appears:

"applicable percentage" has the meaning given by subsection   87Q(2).

"average weekly earnings" has the meaning given by section   87V.

"capable parent or guardian" , of a minor, means a person who is a parent or guardian of the minor, and who is not under a disability.

"date of discoverability" has the meaning given by section   87G.

"gratuitous attendant care services" has the meaning given by subsection   87W(5).

"incapacitated person" means a person who is incapable of, or substantially impeded in, the management of his or her affairs in relation to a proceeding under this Act because of:

  (a)   any disease, or any impairment of his or her mental condition; or

  (b)   restraint of his or her person, lawful or unlawful, including detention or custody under a law of a State or Territory relating to mental health; or

  (c)   war or warlike operations, or circumstances arising out of war or warlike operations.

"index number" has the meaning given by section   87N.

"long-stop period" has the meaning given by section   87H.

"maximum amount of damages for non-economic loss" has the meaning given by section   87M.

"minor" means a person under 18.

"most extreme case" has the meaning given by subsection   87P(2).

"non-economic loss" means any one or more of the following:

  (a)   pain and suffering;

  (b)   loss of amenities of life;

  (c)   loss of expectation of life;

  (d)   disfigurement.

"personal injury damages" means damages or compensation for loss or damage that is, or results from, the death of or personal injury to a person.

"plaintiff" , in relation to a proceeding, means:

  (a)   if the proceeding is a proceeding that the Commission commences under paragraph   87(1A)(b), or under section   149 or paragraph   237(1)(b) of the Australian Consumer Law--a person on whose behalf the Commission commences the proceeding; or

  (aa)   if the proceeding is a proceeding that the Director of Public Prosecutions commences under paragraph   87(1A)(ba)--a person on whose behalf the Director of Public Prosecutions commences the proceeding; or

  (b)   in any other case--the person by whom the proceeding is brought (however described).

"proceeding to which this Part applies" means a proceeding referred to in section   87E.

"quarter" means a period of 3 months ending on 31   March, 30   June, 30   September or 31   December.

"smoking" has the same meaning as in the Tobacco Advertising Prohibition Act 1992 .

"tobacco product" has the same meaning as in the Tobacco Advertising Prohibition Act 1992 .


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