Queensland Consolidated Acts

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FAIR TRADING ACT 1989 - SECT 55B

55B Meaning of trading scheme

(1) A trading scheme is a scheme that includes the following elements--

(a) goods, services or both goods and services are to be provided by a promoter of the scheme;
(b) the goods or services are to be supplied to or for other persons under transactions arranged or effected by participants in the scheme, not all of whom are promoters of it.

(2) For this section--

(a) a scheme is taken to include the element mentioned in subsection (1)(b) even if a participant who is not a promoter acts in relation to a transaction mentioned in the paragraph as an agent or employee of a promoter or in another capacity; and
(b) a scheme includes an arrangement made in connection with the carrying on of a business, whether or not all or part of the arrangement is made or recorded in writing; and
(c) a reference to the provision of goods or services by a person is taken to include a reference to the provision of goods or services under an arrangement to which the person is a party.


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