New South Wales Consolidated Acts
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FAIR TRADING ACT 1987 - SECT 4
(1) In this Act, except the ACL--
(a) in relation to goods--acquire by purchase or exchange
or by taking on lease, on hire or on hire-purchase,
(b) in relation to
(c) in relation to an interest in land--acquire by
purchase or exchange or by taking on lease, or in any other manner in which an
interest in land may be acquired for valuable consideration.
"advisory committee" means a committee appointed under section 9B.
"assisted person" means a person granted legal assistance under section 13.
"authorised person" means a person authorised by the Secretary.
"banker" has the same meaning as in section 2 (1) of the ACL.
(a) a business not carried on for profit, and
trade or profession.
"consumer" has the same meaning as in section 3 of the ACL.
"consumer contract" has the same meaning as in section 2 (1) of the ACL.
"consumer goods" has the same meaning as in section 2 (1) of the ACL.
"dangerous" , in relation to goods, means likely to cause death or to cause
injury to the body or health of a person, whether the death or injury is
likely to be caused directly or indirectly and whether or not because of--
a failure to include with or on the goods any instructions for their use,
the inclusion with or on the goods of instructions for the use of the goods
that are inaccurate or inadequate,
(c) a failure of the goods to function in
the manner represented by the manufacturer or supplier,
(d) the goods not
being of the quality represented by the manufacturer or supplier, or
necessity for, or possibility of, the use of the goods with other goods.
"defective goods action" has the same meaning as in section 2 (1) of the ACL.
"Department" means the Department of Finance, Services and Innovation.
"disposal" , in relation to an interest in land, means disposal by sale,
exchange or lease or by any other method by which an interest in land may be
disposed of for valuable consideration.
"document" has the same meaning as in section 2 (1) of the ACL.
"embargo notice" means a notice given under section 23D.
(a) the Secretary or any other Public Service employee
employed in the Department, or
(b) any person engaged by the Secretary (with
the approval of the Minister and on such terms as the Minister thinks fit) to
assist in the exercise of the Secretary's functions.
"goods" has the same meaning as in section 2 (1) of the ACL.
"interest" , in relation to land, means--
(a) a legal or equitable estate or
interest in the land,
(b) a right of occupancy of the land, or of a building
or part of a building erected on the land, conferred by shares, or by virtue
of a contract to purchase shares, in a corporation that owns the land or the
(c) a right, power or privilege over, or in connection with, the
"interim ban" has the same meaning as in section 2 (1) of the ACL.
"investigator" means an employee appointed by the Secretary under section 18
as an investigator.
"permanent ban" has the same meaning as in section 2 (1) of the ACL.
"price" includes a charge of any description and the price of goods or
services acquired by a person (whether or not by purchase) is the amount paid
or payable for them or, if such an amount is not specified because acquisition
of the goods or services is part only of a transaction for which a total
amount is paid or payable, is--
(a) the lowest amount for which the goods or
services could reasonably have been acquired from the supplier at the time of
the transaction or, if not from the supplier, from another supplier, or
if they could not reasonably have been acquired separately from any
supplier--their value at the time of the transaction.
"product related service" has the same meaning as in section 2 (1) of the ACL.
"public authority" means a public or local authority constituted by an Act
(whether or not a statutory body representing the Crown) or a Public Service
"published" , in relation to a statement, includes--
(a) inserted in a
newspaper or other publication,
(b) publicly exhibited--
(i) in, on, over or
under a building, vehicle, aircraft or ship, or in any other place (whether or
not a public place and whether on land or water), or
(ii) in the air in view
of persons who are, or are passing, in or on a street or public place,
contained in a document sent or given to a person or thrown or left upon, or
at, premises occupied by a person,
(d) broadcast by radio or television,
reproduced electronically, and
(f) made verbally.
"recall notice" has the same meaning as in section 2 (1) of the ACL.
"regulations" means regulations made under section 92.
"rely on" has the same meaning as in section 2 (1) of the ACL.
"safety warning notice" means a notice published under section 129 of the ACL.
(a) the Commissioner for Fair Trading, Department of
Finance, Services and Innovation, or
(b) if there is no person employed as
Commissioner for Fair Trading--the Secretary of the Department of Finance,
Services and Innovation.
"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 without
limiting the generality of the foregoing, includes the rights, benefits,
privileges and facilities that are, or are to be, provided, granted or
(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,
(ii) the provision of gas or electricity or the provision of
any other form of energy,
(iii) the provision, or making available for use,
of facilities for amusement, entertainment, recreation or instruction, or
(iv) the conferring of rights, benefits or privileges for which remuneration
is payable in the form of a royalty, tribute, levy or similar exaction,
contract of insurance,
(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,
(d) a contract for or in relation to the lending of
(e) a site agreement (within the meaning of the
Residential (Land Lease) Communities Act 2013 ), or
(f) a service contract
(within the meaning of the Retirement Villages Act 1999 ), but does not
include the supply of goods or the performance of work under a contract of
"small business contract" has the same meaning as in section 23 (4) of
"statement" includes a representation of any kind, whether made by means of--
(a) words, maps, plans or drawings, or
(b) pictorial representation or
design, or by any combination of those means.
"supplier" means a person who, in the course of a business, supplies goods or
"supply" includes (except in Part 6A)--
(a) in relation to goods--
(including re-supply) by way of sale, exchange, lease, hire or hire-purchase,
(ii) exhibit, expose or have in possession for the purpose of sale,
exchange, lease, hire or hire-purchase or for any purpose of manufacture or
(b) in relation to services--provide, grant or render for valuable
(c) in relation both to goods and to services--donate for
"the ACL" means the Australian Consumer Law (NSW) .
"this Act" includes regulations.
"trade or commerce" includes any business or professional activity.
"Tribunal" means the Civil and Administrative Tribunal.
"unsafe consumer goods" means consumer goods that will or may cause injury to
any person or a foreseeable use (or misuse) of which will or may cause injury
to any person.
"unsafe product related services" means product related services of a
particular kind supplied in trade or commerce, a result of the supply of which
(a) any consumer goods will or may cause injury to any person, or
(b) a reasonably foreseeable use (including misuse) of any consumer goods will
or may cause injury to any person.
Note : The Interpretation Act 1987
contains definitions and other provisions that affect the interpretation and
application of this Act.
(2) Sections 2 (2) (Definitions), 11 (References to
acquisition, supply and re-supply) and 13 (Loss or damage to include injury)
of the ACL apply to all of the provisions of this Act in the same way as those
sections apply to the provisions of the ACL.
(6) Where a provision of
this Act (other than the ACL) is inconsistent with a provision of an Act
specified in Schedule 1 or prescribed for the purposes of this subsection, or
a provision of an instrument made under an Act so specified or prescribed, the
provision of the Act so specified or prescribed, or of the instrument,
(7) In this Act, a reference to the making of a representation
includes a reference to the publishing of a statement.
(8) In this Act--
a reference to a function includes a reference to a power, authority and duty,
(b) a reference to the exercise of a function includes, where the
function is a duty, a reference to the performance of the duty.
this Act, a reference to a particular section of this Act does not include a
reference to the same section of the ACL.
Note : For example, a reference to
section 66 of this Act does not include a reference to section 66 of the ACL.
(10) Notes included in this Act do not form part of this Act.
: References in this Act to any other Act or legislation administered by the
Minister are to be construed in accordance with clause 4 of the Administrative
Arrangements (Administration of Acts--Amendment No 4) Order 2015 .
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