New South Wales Consolidated Acts

FITNESS SERVICES (PRE-PAID FEES) ACT 2000 - SECT 3

3 Definitions

(1) In this Act:
"agreed service", in relation to a fitness service agreement, means the fitness service that the supplier agreed to provide to the consumer under the agreement.
"consumer" of a fitness service means a person who has agreed to pay for the service under a fitness service agreement (whether or not the person is provided with the service).
"Director-General" means the Director-General of the Department of Fair Trading.
"exercise" a function includes perform a duty.
"fitness centre" means premises at which, or in connection with which, the business of providing one or more fitness services to consumers under fitness service agreements is carried on (or proposed to be carried on), whether or not any other business is also carried on (or proposed to be carried on) at, or in connection with, the premises.
"fitness service" means the provision of any one or more of the following:

(a) a fitness assessment,

(b) an exercise program or other program for promoting fitness,

(c) an exercise class,

(d) the use of exercise equipment,

(e) any other facility or service prescribed by the regulations,

(f) membership rights in relation to the use of premises for anything referred to in paragraphs (a)-(e).

"fitness service agreement" means an agreement (whether oral or in writing) under which a person agrees to provide any fitness service to another person for a fee.
"function" includes a power, duty or authority.
"investigator" has the same meaning as it has in the Fair Trading Act 1987 .
"pre-paid fee", in relation to any fitness service, means a fee (or part of a fee) for the provision of the service that is paid or payable under a fitness service agreement before any or all of the agreed service is provided.
"supplier" of a fitness service means a person who has agreed to provide the service under a fitness service agreement (whether or not the person provides the service).

(2) For the purposes of this Act, a supplier of a fitness service under a fitness service agreement is taken to have sought, accepted or received a fee if that fee is sought, accepted or received by another person on the supplier’s behalf.

(3) For the purposes of this Act, a supplier of a fitness service under a fitness service agreement who employs or otherwise engages another person to provide all (or part) of the service to the consumer of the service is taken not to have provided the service (or part of the service) if that other person does not provide the service (or part of the service) to the consumer.

(4) Notes included in this Act do not form part of this Act.