Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 87D

Definitions

                   In this Part, unless the contrary intention appears:

"applicable percentage " has the meaning given by subsection 87Q(2).

"average weekly earnings " has the meaning given by section 87V.

"capable parent or guardian " , of a minor, means a person who is a parent or guardian of the minor, and who is not under a disability.

"date of discoverability " has the meaning given by section 87G.

"gratuitous attendant care services " has the meaning given by subsection 87W(5).

"incapacitated person " means a person who is incapable of, or substantially impeded in, the management of his or her affairs in relation to a proceeding under this Act because of:

                     (a)  any disease, or any impairment of his or her mental condition; or

                     (b)  restraint of his or her person, lawful or unlawful, including detention or custody under a law of a State or Territory relating to mental health; or

                     (c)  war or warlike operations, or circumstances arising out of war or warlike operations.

"index number " has the meaning given by section 87N.

"long-stop period " has the meaning given by section 87H.

"maximum amount of damages for non-economic loss " has the meaning given by section 87M.

"minor " means a person under 18.

"most extreme case " has the meaning given by subsection 87P(2).

"non-economic loss " means any one or more of the following:

                     (a)  pain and suffering;

                     (b)  loss of amenities of life;

                     (c)  loss of expectation of life;

                     (d)  disfigurement.

"personal injury damages " means damages or compensation for loss or damage that is, or results from, the death of or personal injury to a person.

"plaintiff " , in relation to a proceeding, means:

                     (a)  if the proceeding is a proceeding that the Commission commences under paragraph 87(1A)(b), or under section 149 or paragraph 237(1)(b) of the Australian Consumer Law--a person on whose behalf the Commission commences the proceeding; or

                    (aa)  if the proceeding is a proceeding that the Director of Public Prosecutions commences under paragraph 87(1A)(ba)--a person on whose behalf the Director of Public Prosecutions commences the proceeding; or

                     (b)  in any other case--the person by whom the proceeding is brought (however described).

"proceeding to which this Part applies " means a proceeding referred to in section 87E.

"quarter " means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.

"smoking " has the same meaning as in the Tobacco Advertising Prohibition Act 1992 .

"tobacco product " has the same meaning as in the Tobacco Advertising Prohibition Act 1992 .



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