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COMPETITION AND CONSUMER ACT 2010 - SECT 51ACA

Definitions

             (1)  In this Part:

"applicable industry code " , in relation to a corporation that is a participant in an industry, means:

                     (a)  the prescribed provisions of any mandatory industry code relating to the industry; and

                     (b)  the prescribed provisions of any voluntary industry code that binds the corporation.

"consumer " , in relation to an industry, means a person to whom goods or services are or may be supplied by participants in the industry.

"industry code " means a code regulating the conduct of participants in an industry towards other participants in the industry or towards consumers in the industry.

"infringement notice " means an infringement notice issued under subsection 51ACD(1).

"infringement notice compliance period " : see subsection 51ACI(1).

"mandatory industry code " means an industry code that is declared by regulations under section 51AE to be mandatory.

"related contravention " : a person engages in conduct that constitutes a related contravention of an applicable industry code, if the person:

                     (a)  aids, abets, counsels or procures a corporation to contravene the applicable industry code; or

                     (b)  induces, whether by threats or promises or otherwise, a corporation to contravene the applicable industry code; or

                     (c)  is in any way, directly or indirectly, knowingly concerned in, or party to, a contravention by a corporation of the applicable industry code; or

                     (d)  conspires with others to effect a contravention by a corporation of the applicable industry code.

"voluntary industry code " means an industry code that is declared by regulations under section 51AE to be voluntary.

             (2)  For the purposes of this Part, a voluntary industry code binds a person who has agreed, as prescribed, to be bound by the code and who has not subsequently ceased, as prescribed, to be bound by it.

             (3)  To avoid doubt, it is declared that:

                     (a)  franchising is an industry for the purposes of this Part; and

                     (b)  franchisors and franchisees are participants in the industry of franchising, whether or not they are also participants in another industry.



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