South Australian Consolidated Acts South Australian Consolidated ActsIn this Act, unless the contrary intention appears—
"Commissioner" means the Commissioner for Consumer Affairs;
"consumer" means a person (other than a body corporate) who enters into a
consumer contract with a view to purchasing, or acquiring the use or benefit
of, goods or services, and includes a person to whom rights, interests or
liabilities under the consumer contract are assigned;
"consumer contract" means a contract or agreement—
(a)
under which a person (other than a body corporate)—
(i)
purchases goods or contracts for the performance of
services; or
(ii)
takes goods on hire (whether or not the contract purports
to confer a right or option on the consumer to purchase the goods); or
(iii)
acquires by other means the use or benefit of goods or
services; and
(b)
under which the consideration to be paid or provided by or on behalf of the
consumer in money or money's worth does not exceed $40 000 (excluding any
interest or fees or charges payable because credit is or is to be provided for
the transaction),
but does not include—
(c) a
sale by auction; or
(d) a
contract or agreement for the sale, bailment, or disposition of goods to a
person who trades in goods of that description; or
(e) a
contract or agreement that includes a provision conferring a right or licence
to occupy land; or
(f) a
contract or agreement of a kind declared by regulation not to be a consumer
contract for the purposes of this Act;
"consumer lease" means a consumer contract under which a supplier lets goods
on hire to a consumer for a period exceeding four months, but which does not
purport to confer on the consumer a right or option to purchase the goods
subject to the lease;
"goods" has the same meaning as in the Consumer Credit (South Australia) Code
;
"Magistrates Court" means the Civil (Consumer and Business) Division of the
Magistrates Court;
"services" means any of the following services:
(a) the
cleaning, ironing or repair of articles of clothing or personal ornament; and
(b) the
repair or servicing of articles of household use or ornament; and
(c) the
repair, reinstatement or renovation of part of a dwellinghouse; and
(d) the
painting or decoration of the whole or part of a dwellinghouse; and
(e) the
performance in relation to a dwellinghouse or its curtilage of work of a kind
usually performed by a plumber or electrician; and
(f) the
servicing, repair or painting of a motor vehicle; and
(g) any
other services that may be prescribed;
"supplier" in relation to a consumer contract means a person carrying on a
business in the course of which—
(a) the
person enters into the consumer contract; or
(b)
negotiations leading to the formation of the consumer contract are carried out
whether or not the person owns or personally supplies the goods or services
subject to the contract; or
(c) the
person sells goods to another person with a view to that other person entering
into a consumer lease with a consumer with whom the person (the vendor of the
goods) has previously conducted negotiations in relation to the goods.