Queensland Consolidated Acts

FAIR TRADING ACT 1989 - SECT 5

In this Act--

acquire includes--

(a) in relation to goods--acquire by purchase or exchange or by taking on lease, on hire or on hire-purchase; and

(b) in relation to services--accept.

approved form see section 114.

auction means a sale at which prospective purchasers are invited to bid, and includes a sale at which bids are suggested and the suggested amounts progressively reduced until a bid is actually made.

business includes--

(a) a business not carried on for profit; and

(b) a trade or profession.

code of practice means a code of practice prescribed by regulation under section 88A.

commissioner means the commissioner for fair trading.

committee means the Consumer Safety Committee established under this Act.

component part includes an accessory.

consumer has the meaning given by section 6.

council means the Consumer Affairs Council established under this Act.

court in sections 98, 100 and 102 has the meaning given by section 103.

credit includes any form of financial accommodation.

giving effect to, in relation to a provision of a contract, agreement or understanding, includes doing an act or thing in pursuance of or in accordance with or enforcing or purportedly enforcing.

goods includes--

(a) ships, aircraft and other vehicles; and

(b) animals, including fish; and

(c) minerals, trees and crops, whether on, under or attached to land or not; and

(d) gas and electricity; and

(e) any component part of goods.

hire-purchase agreement means a letting of goods with an option to purchase.

inspector means--

(a) the commissioner; or

(b) an inspector appointed for the purposes of this Act; or

(c) an inspector as defined by the Trade Measurement Administration Act 1990, section 3.

interest in land includes a right to occupy the land, or a building or part of a building on the land, conferred by shares, or under a contract to purchase shares, in a corporation that owns the land or building.

office means the Office of Fair Trading established under this Act.

premises includes land.

price includes a charge of any description, the cost of obtaining credit and an ingoing contribution under the Retirement Villages Act 1999.

provision, in relation to an understanding, means any matter forming part of the understanding.

published, in relation to a statement, includes--

(a) inserted in a publication; and

(b) publicly exhibited in any place; and

(c) contained in a document or other thing capable of providing information that is given or sent to any person or left at the person's address; and

(d) broadcast by radio or television or otherwise publicly announced by any means; and

(e) reproduced electronically.

records includes any record of information however compiled, recorded or stored and any books, documents or writings.

send includes deliver.

services includes any rights (including rights about, and interests in, real or personal property), benefits, privileges or facilities that are, or are to be, provided, granted or conferred in trade or commerce, and, includes, for example, the rights, benefits, privileges and facilities that are, or are to be, provided, granted or conferred under--

(a) a contract for or in relation to--

(i) the performance of work (including building work and work of a professional nature), whether with or without the supply of goods; or

(ii) the provision of gas or electricity or the provision of any other form of energy; or

(iii) the provision, or making available for use, of facilities for amusement, entertainment, recreation or instruction; or

(iv) the conferring of rights, benefits or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction; or

(b) a contract of insurance; or

(c) a contract between a banker and a customer of the banker entered into in the course of the carrying on by the banker of the business of banking; or

(d) a contract for or in relation to the lending of money;

but does not include rights or benefits being the supply of goods or the performance of work under a contract of service.

small claims tribunal means a tribunal properly constituted under the Small Claims Tribunals Act 1973.

supply includes--

(a) for goods--

(i) supply (including resupply) by way of exchange, hire, hire-purchase, lease and sale; and

(ii) in part 4, divisions 1, 2 and 3 and part 5, division 1A--exhibit, expose, and have in possession for supply; and

(b) for services--

(i) provide, grant and confer; and

(ii) in part 4, divisions 1, 2 and 3 and part 5, division 1A--offer to supply.

TPA means the Trade Practices Act 1974 (Cwlth).

trade or commerce includes any business or professional activity.

unsolicited goods means goods sent to a person without any request for the goods being made by, or by the authority of, the person.

unsolicited services means services supplied to a person without any request for the services being made by, or by the authority of, the person.