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COMPETITION AND CONSUMER ACT 2010 - SECT 95A

Interpretation

             (1)  In this Part, unless the contrary intention appears:

"applicable period" , in relation to a locality notice, has the meaning given by section 95ZB.

"body" means any organisation or body, whether incorporated or unincorporated, and includes a group of 2 or more individuals.

"business notice" means a notice under subsection 95L(3).

"Commonwealth authority" means:

                     (a)  the Commonwealth; or

                     (b)  an authority, institution or other body (other than a society, association or incorporated company) established for a public purpose by or under a law of the Commonwealth; or

                     (c)  a society, association or incorporated company in which the Commonwealth, or an authority, institution or other body of the kind referred to in paragraph (b), has a controlling interest.

"declared person" , in relation to goods or services of a particular description, means a person in relation to whom a declaration under subsection 95X(2) in relation to goods or services of that description is in force.

"exempt supply" , in relation to goods or services of a particular description, means a supply of goods or services of that description in relation to which a declaration under section 95B is in force.

"external inquiry" means an inquiry by a body other than the Commission.

"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)  water; and

                     (e)  gas and electricity.

"inquiry" means an inquiry held in accordance with this Part into a matter or matters relating to prices for the supply of goods or services.

"inquiry body" means:

                     (a)  in relation to an inquiry to be held, or being held, by the Commission--the Commission; or

                     (b)  in relation to an inquiry to be held, or being held, by a body other than the Commission--the other body.

"inquiry Chair" means:

                     (a)  in relation to an inquiry to be held, or being held, by the Commission--the member of the Commission presiding at the inquiry; or

                     (b)  in relation to an inquiry to be held, or being held, by a body other than the Commission--the person presiding at the inquiry.

"inquiry notice" means a notice under section 95H.

"law of the Commonwealth" does not include:

                     (a)  the Northern Territory (Self-Government) Act 1978 ; or

                     (b)  the Norfolk Island Act 1979 ; or

                     (c)  a law made under, or continued in force by, an Act referred to in paragraph (a) or (b).

"locality notice" means a notice under subsection 95Z(5).

"member of the staff of the Commission" means a person referred to in subsection 27(1) or a person engaged under section 27A.

"notified goods or services" means goods or services of a particular description in relation to which a declaration under subsection 95X(1) is in force.

"person" includes a Commonwealth authority and a State or Territory authority.

"price" includes:

                     (a)  a charge of any description; and

                     (b)  in relation to goods or services--any pecuniary benefit, whether direct or indirect, received or to be received by a person for or in connection with the supply by the person of the goods or services.

"response notice" means a notice under subparagraph 95Z(6)(c)(i).

"services" includes 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 includes, but is not limited to, the rights, benefits, privileges or facilities that are, or are to be, provided, granted or conferred under:

                     (a)  a contract for or in relation to:

                              (i)  the performance of work (including work of a professional nature), whether with or without the supply of goods; or

                             (ii)  the provision of, or the use or enjoyment of facilities for, amusement, entertainment, recreation or instruction; or

                            (iii)  the conferring of rights, benefits or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction; or

                     (b)  a contract of insurance; or

                     (c)  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

                     (d)  any contract for or in relation to the lending of moneys;

but does not include rights or benefits being the supply of goods or the performance of work under a contract of service.

"State or Territory authority" means:

                     (a)  a State, the Australian Capital Territory or the Northern Territory; or

                     (b)  an authority, institution or other body (except a society, association or incorporated company) established for a public purpose by or under a law of a State, the Australian Capital Territory or the Northern Territory; or

                     (c)  a society, association or incorporated company in which a State, the Australian Capital Territory or the Northern Territory, or an authority, institution or other body of the kind referred to in paragraph (b), has a controlling interest.

"supply" 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.

             (2)  In this Part, unless the contrary intention appears:

                     (a)  a reference to the supply of goods or services includes a reference to agreeing to supply goods or services; and

                     (b)  a reference to the supply of goods includes a reference to the supply of goods together with other property or services, or both; and

                     (c)  a reference to the supply of services includes a reference to the supply of services together with property or other services, or both; and

                     (d)  a reference to the supply of goods does not include a reference to:

                              (i)  a supply for use outside Australia; or

                             (ii)  a supply for which a price is not charged; or

                            (iii)  any other supply prescribed by the regulations; and

                     (e)  a reference to the supply of services does not include a reference to:

                              (i)  a supply outside Australia; or

                             (ii)  a supply for which a price is not charged; or

                            (iii)  any other supply prescribed by the regulations.

             (3)  For the purposes of this Part, a supply by way of retail sale is taken not to be a supply on terms and conditions that are the same as, or substantially similar to, the terms and conditions of a supply by way of wholesale sale.



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