South Australian Consolidated Acts South Australian Consolidated Acts (1) For the purposes
of this Part, unless the contrary intention appears—
(a) a
person will be taken to have acquired particular goods as a consumer if, and
only if—
(i)
the price of the goods did not exceed the prescribed
amount; or
(ii)
where that price exceeded the prescribed amount—the
goods were of a kind ordinarily acquired for personal, domestic or household
use or consumption or the goods consisted of a commercial road vehicle, and
the person did not acquire the goods, or hold himself or herself out as
acquiring the goods, for the purpose of re-supply or for the purpose of using
them up or transforming them, in trade or commerce, in the course of a process
of production or manufacture or of repairing or treating other goods or
fixtures on land; and
(b) a
person will be taken to have acquired particular services as a consumer if,
and only if—
(i)
the price of the services did not exceed the prescribed
amount; or
(ii)
where that price exceeded the prescribed amount—the
services were of a kind ordinarily acquired for personal, domestic or
household use or consumption.
(2) For the purposes
of subsection (1)—
(a) the
prescribed amount is $40 000 or, if a greater amount is prescribed for
the purposes of this paragraph, that greater amount; and
(b)
subject to paragraph (c), the price of goods or services purchased by a
person will be taken to have been the amount paid or payable by the person for
the goods or services; and
(c)
where a person purchased goods or services together with other property or
services, or with both other property and services, and a specified price was
not allocated to the goods or services in the contract under which they were
purchased, the price of the goods or services will be taken to have
been—
(i)
the price at which, at the time of acquisition, the
person could have purchased from the supplier the goods or services without
the other property or services; or
(ii)
if, at the time of the acquisition, the goods or services
were not available for purchase from the supplier except together with the
other property or services but, at that time, goods or services of the kind
acquired were available for purchase from another supplier without other
property or services—the lowest price at which the person could, at that
time, reasonably have purchased goods or services of that kind from another
supplier; or
(iii)
if, at the time of the acquisition, goods or services of
the kind acquired were not available for purchase from any supplier except
together with other property or services—the value of the goods or
services at that time; and
(d)
where a person acquired goods or services otherwise than by way of purchase,
the price of the goods or services will be taken to have been—
(i)
the price at which, at the time of the acquisition, the
person could have purchased the goods or services from the supplier; or
(ii)
if, at the time of the acquisition, the goods or services
were not available for purchase from the supplier or were so available only
together with other property or services but, at that time, goods or services
of the kind acquired were available for purchase from another
supplier—the lowest price at which the person could, at that time,
reasonably have purchased goods or services of that kind from another
supplier; or
(iii)
if goods or services of the kind acquired were not
available, at the time of the acquisition, for purchase from any supplier or
were not so available except together with other property or
services—the value of the goods or services at that time; and
(e)
without limiting by implication the meaning of the expression
"services" in section 46 the obtaining of credit by a person in
connection with the acquisition of goods or services by the person will be
taken to be the acquisition by the person of a service and any amount by which
the amount paid or payable by the person for the goods or services is
increased by reason of the person so obtaining credit will be taken to be paid
or payable by the person for that service.
(3) Where it is
alleged in any proceeding under this Part or in any other proceeding in
respect of a matter arising under this Part that a person was a consumer in
relation to particular goods and services, it will be presumed, unless the
contrary is established, that the person was a consumer in relation to those
goods and services.
(4) In this
section—
"commercial road vehicle" means a vehicle or trailer acquired for use
principally in the transport of goods on public roads.