South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Part,
unless the contrary intention appears—
"acquire" includes—
(a) in
relation to goods—acquire by way of purchase, exchange or taking on
lease, on hire or on hire-purchase; and
(b) in
relation to services—accept;
"arrive at", in relation to an understanding, includes reach or enter into;
"business" includes a business not carried on for profit;
"covenant" means a covenant (including a promise not under seal) annexed to or
running with an estate or interest in land (whether at law or in equity and
whether or not for the benefit of other land), and
"proposed covenant" has a corresponding meaning;
"give effect to", in relation to a provision of a contract, arrangement or
understanding, includes do an act or thing in pursuance of or in accordance
with or enforce or purport to enforce;
"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,
electricity, water, sewerage and telecommunications; and
(e) any
component part of, or accessory to, goods;
"market", in relation to goods or services, means a market for those goods or
services and other goods or services that are substitutable for, or otherwise
competitive with, those goods or services;
"price" includes a charge of any description;
"provision", in relation to an understanding, means any matter forming part of
the understanding;
"require", in relation to the giving of a covenant, means require or demand
the giving of a covenant, whether by way of making a contract containing the
covenant or otherwise, and whether or not a covenant is given in pursuance of
the requirement or demand;
"send" includes deliver, and "sent" and
"sender" have corresponding meanings;
"services" includes any rights (including rights in relation to, 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 without
limiting the generality of this definition, includes the rights, benefits,
privileges or 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 work of a professional
nature), whether with or without the supply of goods; or
(ia) the
provision of gas or electricity or the provision of any other form of energy;
or
(ii)
the provision of, or of the use or enjoyment of
facilities for, amusement, entertainment, recreation or instruction; or
(iii)
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 an ADI and a customer of the ADI entered into in the course
of the carrying on by the ADI of banking business within the meaning of the
Banking Act (Cwth); or
(d) any
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;
"supply", when used as a verb, includes—
(a) in
relation to goods—supply (including re-supply) by way of sale, exchange,
lease, hire or hire-purchase; and
(b) in
relation to services—provide, grant or confer,
and, when used as a noun, has a corresponding meaning, and
"supplied" and "supplier" have corresponding meanings;
"unsolicited goods" means goods sent to a person without any request made by
or on behalf of the person;
"unsolicited services" means services supplied to a person without any request
made by or on behalf of the person.
(2) In this Part, a
reference to engaging in conduct is to be read as a reference to doing or
refusing to do any act, including—
(a) the
making of, or the giving effect to a provision of, a contract or arrangement;
or
(b) the
arriving at, or the giving effect to a provision of, an understanding; or
(c) the
requiring of the giving of, or the giving of, a covenant.
(3) In this Part, a
reference to conduct, when that expression is used as a noun otherwise than as
mentioned in subsection (2), is to be read as a reference to the doing of
or the refusing to do any act, including—
(a) the
making of, or the giving effect to a provision of, a contract or arrangement;
or
(b) the
arriving at, or the giving effect to a provision of, an understanding; or
(c) the
requiring of the giving of, or the giving of, a covenant.
(4) In this Part, a
reference to refusing to do an act includes a reference to—
(a)
refraining (otherwise than inadvertently) from doing that act; or
(b)
making it known that that act will not be done.
(5) In this Part, a
reference to a person offering to do an act, or to do an act on a particular
condition, includes a reference to the person making it known that the person
will accept applications, offers or proposals for the person to do that act or
to do that act on that condition (as the case may be).