Queensland Consolidated Acts Queensland Consolidated Acts(1) In this Act--
consumer means a person who, in a particular transaction, whether a separate contract or separate transaction within a contract, acquires goods or services or an interest in land as a consumer.
(2) A person acquires goods or services or an interest in land as a consumer under subsection (1) if--
(a) the person--
(i) is an individual; and
(ii) acquires the goods, services or interest otherwise than for a business carried on by the person, whether as an individual or a member of a business partnership; or
(b) the price of the goods, services or interest is not more than $40000, after discounting for any GST payable on the supply of the goods, services or interest.
(3) If a person acquires goods for resupply by way of sale, exchange, lease, hire or hire-purchase, the person does not acquire the goods as a consumer.
(4) For the purposes of subsection (2)(b), if the price of goods or services or an interest in land cannot be decided by reference to a cash price specified in the contract concerned, the price is taken to be the reasonable cash price having regard to the circumstances of the case.
(5) If it is claimed in a proceeding or about an issue under this Act that a person is a consumer of particular goods or services or an interest in land, it must be presumed unless the contrary is proved that the person is a consumer of the goods, services or interest.