New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 5

5 Meaning of “consumer”

(1) In this Act, a reference to a consumer is a reference to a person who:

(a) acquires goods or services from a supplier, or

(b) acquires an interest in land, other than land used, or intended to be used, or apparently intended for use, for industrial or commercial purposes.

(2) Goods or services referred to in subsection (1) do not (except for the purposes of section 43) include goods or services acquired, or held out as being acquired, for re-supply or, in the case of goods, in the course of a business other than a farming undertaking for the purpose of:

(a) consuming or transforming them by a process of manufacture or production, or

(b) using them for the repair or treatment of other goods or of fixtures on land.

(3) In this section:
"farming undertaking" includes:

(a) the raising of stock to provide meat or other food for human consumption, and

(b) any agricultural, pastoral, horticultural, orcharding or viticultural undertaking.