South Australian Consolidated Acts

FAIR TRADING ACT 1987 - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"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;

"auctioneer" means the person by whom an auction is conducted;

"authorised officer" means a person who is an authorised officer under section 7;

"business" includes a trade or profession;

"the Commissioner" means the Commissioner for Consumer Affairs;

"consumer" means a person who—

            (a)         acquires, or proposes to acquire, goods or services; or

            (b)         purchases or leases, or proposes to purchase or lease, premises,

not being a person acting in the course of a business or in the course of setting up a business;

"consumer affairs authority" means—

            (a)         the Commissioner; or

            (b)         a person or authority that has, under a law of the Commonwealth or another State or Territory of the Commonwealth, powers and functions similar to those of the Commissioner;

"credit" includes any form of financial accommodation;

"District Court" means the Administrative and Disciplinary Division of the District Court;

"goods" includes anything growing on, or attached to, land that is severable from the land;

"Magistrates Court" means the Civil (Consumer and Business) Division of the Magistrates Court;

"premises" includes land;

"related Act" means an Act or a provision of an Act—

            (a)         of which the Commissioner is stated, in that Act, to have the administration; or

            (b)         that is prescribed by the regulations to be a related Act;

"rescission", in relation to a contract, means the avoidance of the contract as from its beginning;

"retail" connotes a sale of goods to the ultimate consumer or user of the goods;

"services" includes benefits of any kind except—

            (a)         the supply of goods; or

            (b)         an interest in, or right in respect of, land;

"supplier", in relation to a contract or proposed contract for the supply of goods or services, means the person by whom the goods or services are, or are to be, supplied under the contract or proposed contract;

"supply" includes—

            (a)         in relation to goods, the conferral of a right to goods or a right to the possession or use of goods; and

            (b)         in relation to services, the conferral of a right to services;

"trade premises", of a supplier, means premises that constitute an established place of business of the supplier, or an agent of the supplier;

"trader" means a person who in the course of a business—

            (a)         supplies, or offers to supply, goods or services; or

            (b)         sells or lets, or offers to sell or let, premises;

"trading debt" means a debt owed to a trader.

        (2)         In this Act, a reference to the supply of goods or services extends to the supply of both goods and services.

        (3)         A reference in this Act to a person involved in a contravention of a provision of this Act is a reference to a person who—

            (a)         aids, abets, counsels or procures the contravention; or

            (b)         induces (by threats, promises or in any other manner) a person to commit the contravention; or

            (c)         conspires to effect the contravention; or

            (d)         is in any other way directly or indirectly, knowingly concerned in, or party to, the contravention.