CIVIL LAW (WRONGS) ACT 2002 - SECT 107C Meaning of consumer claim—ch 7A

CIVIL LAW (WRONGS) ACT 2002 - SECT 107C

    (1)     A consumer claim is a claim by an individual (the "claimant") relating to—

        (a)     goods or services acquired by the claimant from a defendant, or the supply of goods or services to the claimant by a defendant, for the claimant's personal, domestic or household use or consumption; or

        (b)     personal financial advice supplied to the claimant by a defendant.

    (2)     However, a claim relating to goods or services is not a consumer claim if, in the course of business, the claimant holds himself or herself out as acquiring the goods or services from the defendant for the purpose of—

        (a)     resupplying them; or

        (b)     using them up or transforming them in or in relation to a process of manufacture or production; or

        (c)     repairing or treating other goods or fixtures on land.

    (3)     In this section:

"acquire"—see the Australian Consumer Law (ACT)

, section 2 (1).

"business"—see the Australian Consumer Law (ACT)

, section 2 (1).

"goods"—see the Australian Consumer Law (ACT)

, section 2 (1).

"resupply", of goods acquired from a person, includes—

        (a)     a supply of the goods (the first goods ) to another person in an altered form or condition; and

        (b)     a supply to another person of goods in which the first goods have been incorporated.

"services"—see the Australian Consumer Law (ACT)

, section 2 (1).

"supply"—see the Australian Consumer Law (ACT)

, section 2 (1).