New South Wales Consolidated Acts
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FAIR TRADING ACT 1987 - SECT 26
(1) In this Part, unless the contrary intention appears--
"application law" means--
(a) a law of a participating jurisdiction that
applies the Australian Consumer Law, either with or without modifications, as
a law of the participating jurisdiction, or
(b) any regulations or other
legislative instrument made under a law described in paragraph (a), or
the Australian Consumer Law, applying as a law of the
participating jurisdiction, either with or without modifications.
"Australian Consumer Law" means (according to the context)--
Australian Consumer Law text, or
(b) the Australian Consumer Law text,
applying as a law of a participating jurisdiction, either with or without
"Australian Consumer Law text" means the text described in section 27.
"instrument" means any document whatever, including the following--
(a) an Act
or an instrument made under an Act,
(b) a law of this jurisdiction or an
instrument made under such a law,
(c) an award or other industrial
determination or order, or an industrial agreement,
(d) any other order
(whether executive, judicial or otherwise),
(e) a notice, certificate or
(f) an agreement,
(g) an application made, information or complaint
laid, affidavit sworn, or warrant issued, for any purpose,
(h) an indictment,
presentment, summons or writ,
(i) any other pleading in, or process issued in
connection with, a legal or other proceeding.
"Intergovernmental Agreement" means the Intergovernmental Agreement for the
Australian Consumer Law made on 2 July 2009 between the Commonwealth, the
State of New South Wales, the State of Victoria, the State of Queensland, the
State of Western Australia, the State of South Australia, the State of
Tasmania, the Australian Capital Territory and the Northern Territory of
Australia, as in force for the time being.
"jurisdiction" means a State or the Commonwealth.
"law" , in relation to a Territory, means a law of, or in force in, that
"modifications" includes additions, omissions and substitutions.
"month" means a period commencing at the beginning of a day of one of the 12
months of the year and ending immediately before the beginning of the
corresponding day of the next month or, if there is no such corresponding day,
ending at the expiration of the next month.
"participating jurisdiction" means a jurisdiction that is a party to the
Intergovernmental Agreement and applies the Australian Consumer Law as a law
of the jurisdiction, either with or without modifications.
"proclamation" means a proclamation of the Governor published on the NSW
"State" includes a Territory.
"Territory" means the Australian Capital Territory or the Northern Territory
"this jurisdiction" means New South Wales.
(2) Terms used in this Part and
also in the Australian Consumer Law (NSW) have the same meanings in this Part
as they have in that Law.
(3) For the purposes of this Part--
jurisdiction is taken to have applied the Australian Consumer Law as a law of
the jurisdiction if a law of the jurisdiction substantially corresponds to the
provisions of the Australian Consumer Law text, as in force from time to time,
(b) that corresponding law is taken to be the Australian Consumer Law, or
the Australian Consumer Law text, applying as a law of that jurisdiction.
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