Commonwealth Numbered Acts

TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 4

4. (1) In this Act, unless the contrary intention appears-



"authorization" means an authorization under Division 1 of Part VII granted by
the Commission or by the Tribunal on a review of a determination of the
Commission;



"Chairman" means the Chairman of the Commission and includes a person acting
as Chairman of the Commission;



"commencing date" means the date fixed under sub-section 2 (3);



"Commission" means the Trade Practices Commission established by this Act, and
includes a member of that Commission or a Division of that Commission
performing functions of that Commission;



"Companies Ordinance" means the Companies Ordinance 1962-1974 of the
Australian Capital Territory;



"competition" includes competition from imported goods or from services
rendered by persons not resident or not carrying on business in Australia;



"conduct", when used as a noun, includes doing, refusing to do, or refraining
from doing, any act, including making a contract or arrangement or entering
into an understanding;



"corporation" means a body corporate that-

   (a)  is a foreign corporation;

   (b)  is a trading corporation formed within the limits of Australia or is a
        financial corporation so formed;

   (c)  is incorporated in a Territory; or

   (d)  is the holding company of a body corporate of a kind referred to in
        paragraph (a), (b) or (c);



"Court" means the Superior Court of Australia;



"Deputy Chairman" means the Deputy Chairman of the Commission;



"Deputy President" means a Deputy President of the Tribunal, and includes a
person appointed to act as a Deputy President of the Tribunal;



"Deputy Registrar" means a Deputy Registrar of the Tribunal, and includes a
person appointed to act as a Deputy Registrar of the Tribunal;



"document" includes-

   (a)  a book, plan, paper, parchment or other material on which there is
        writing or printing, or on which there are marks, symbols or
        perforations having a meaning for persons qualified to interpret them;
        and

   (b)  a disc, tape, paper or other device from which sounds or messages are
        capable of being reproduced;



"engage in conduct" includes do, refuse to do, or refrain from doing, any act,
including the making of a contract or arrangement or the entering into an
understanding, and "engaging in conduct" has a corresponding meaning;



"financial corporation" means a financial corporation within the meaning of
paragraph 51 (xx) of the Constitution and includes a body corporate that
carries on the business of banking or insurance as its sole or principal
business;



"foreign corporation" means a foreign corporation within the meaning of
paragraph 51 (xx) of the Constitution and includes a body corporate that is
incorporated in an external Territory;



"full-time member of the Commission" means a member of the Commission who is
appointed as a full-time member of the Commission;



"give effect to", in relation to a contract, arrangement or understanding,
includes do an act or thing in pursuance of or in accordance with or enforce
or purport to enforce;



"goods" includes-

   (a)  ships, aircraft and other vehicles;

   (b)  animals, including fish;

   (c)  minerals, trees and crops, whether on, under or attached to land or
        not; and

   (d)  gas and electricity;



"market" means a market in Australia;



"meeting", in relation to the Commission, includes a public hearing held by
the Commission;



"member of the Commission" includes the Chairman and a person appointed to act
as a member of the Commission;



"member of the Tribunal" includes the President and a person appointed to act
as a member of the Tribunal;



"person" includes a body corporate, whether a corporation or not, as well as a
natural person;



"practice of exclusive dealing" means the practice of exclusive dealing
referred to in sub-section 47 (2), (3) or (4);



"practice of resale price maintenance" means the practice of resale price
maintenance referred to in Part VIII;



"President" means the President of the Tribunal and includes a person
appointed to act as President of the Tribunal;



"presidential member" or "presidential member of the Tribunal" means President
or a Deputy President;



"price" includes a charge of any description;



"Registrar" means the Registrar of the Tribunal and includes a person
appointed to act as the Registrar of the Tribunal;



"send" includes deliver, and "sent" and "sender" have corresponding meanings;



"services" includes, without limiting the generality of that expression, the
rights or benefits that are to be provided under-

   (a)  a contract for-

        (i)    the performance of work (including work of a professional
               nature but not including work under a contract of service),
               whether with or without the supply of goods;

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

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

   (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 any other contract for or in relation to the loan of
        moneys;



"share" includes an interest in a share, and also includes stock or an
interest in stock;



"special price", in relation to an advertisement for the supply of goods or
services, means-

   (a)  a price that is represented in the advertisement to be a special or
        bargain price, by reference to an ordinary price or otherwise; or

   (b)  a price that a person who reads, hears or sees the advertisement would
        reasonably understand to be a special or bargain price having regard
        to the prices at which the goods or services advertised or like goods
        or services are ordinarily supplied;



"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;



"Territory" means an internal Territory;



"trade or commerce" means trade or commerce within Australia or between
Australia and places outside Australia;



"trading corporation" means a trading corporation within the meaning of
paragraph 51 (xx) of the Constitution;



"Tribunal" means the Trade Practices Tribunal continued in existence by this
Act, and includes a member of that Tribunal or a Division of that Tribunal
performing functions of that Tribunal;



"unsolicited goods" means goods sent to a person without any request made by
him or on his behalf.

(2) For the purposes of this Act-

   (a)  the question whether a body corporate is the holding company of
        another body corporate shall be determined in the same manner as the
        question whether a corporation is the holding company of another
        corporation is determined under the Companies Ordinance; and

   (b)  the question whether corporations or other bodies corporate are
        related to each other shall be determined in the same manner as the
        question whether corporations are related to each other is determined
        under the Companies Ordinance.

(3) For the purposes of this Act, unless the contrary intention appears-

   (a)  a person who acquires goods shall be taken to be a consumer of the
        goods if the goods are of a kind ordinarily acquired for private use
        or consumption and the person does not acquire the goods or hold
        himself out as acquiring the goods for the purposes of re-supply; and

   (b)  a person who acquires services shall be taken to be a consumer of the
        services if the services are of a kind ordinarily acquired for private
        use or consumption and the person does not acquire the services for
        the purposes of, or in the course of, a profession, business, trade or
        occupation or for a public purpose.

(4) Where it is alleged in any proceeding under this Act that a person was a
consumer in relation to particular goods or services, it shall be presumed,
unless the contrary is established, that the person was a consumer in relation
to those goods or services.