South Australian Consolidated Acts South Australian Consolidated ActsIn this Division, unless the contrary intention appears—
"bailee" means a person who has, or is entitled to, possession of goods under
a contractual or non-contractual bailment;
"bailment plan" means an arrangement under which—
(a) a
financier provides financial accommodation for a business carried on by a
trader; and
(b) the
financier retains or acquires title to a trading stock as security for the
financial accommodation provided; and
(c) the
trader has possession of the trading stock by virtue of a contractual or
non-contractual bailment;
"bailor" means a person who confers a right to possession of goods on another
under a contractual or non-contractual bailment;
"contractual bailment" means a contract or agreement under which a person who
owns, or is entitled to the possession of, goods confers on another a right to
possession or use of the goods, and includes a hire-purchase agreement, but
does not include a contract or agreement conferring a right to the possession
or use of goods, or providing for the sale of goods, incidentally to a lease
of, or licence to occupy, or the sale of, land;
"corresponding law" means a law of the Commonwealth or of another State or of
a Territory that imposes duty of a similar nature to the duty imposed under
this Division in respect of rental business or hiring arrangements;
"dutiable rental business" means rental business consisting of one or more of
the following—
(a)
conferring rights to the possession or use of goods under a
contractual bailment to which this Division applies;
(b)
guaranteeing the obligations of the bailee under a contractual bailment to
which this Division applies;
(c)
acquiring the rights of the bailor under a contractual bailment to which this
Division applies;
(d)
providing financial accommodation under a bailment plan where the trading
stock is situated in South Australia;
(e)
guaranteeing the obligations of the bailee under a bailment plan where the
trading stock is situated in South Australia;
"equipment financing arrangement" means—
(a) a
hire purchase agreement; or
(b) a
contractual bailment for a term of not less than 9 months under which the
final payment is not required to be made earlier than 8 months after the
agreement is entered into;
"goods" includes all chattels personal and any fixture severable from the
realty, but does not include money, livestock , things in action or books;
"hire-purchase agreement" means—
(a) a
contract or agreement for the letting of goods with an option to purchase the
goods; or
(b) a
contract or agreement for the sale of goods by instalments (whether the
contract or agreement describes the instalments as rent or hire or otherwise),
but does not include a contract or agreement under which property in the goods
passes on or before delivery of the goods;
"registered" means registered under section 31E;
"related corporation", in relation to a corporation, means a corporation that
is related to the first-mentioned corporation under section 50 of the
Corporations Act 2001 of the Commonwealth;
"rental business" means—
(a) the
business of conferring rights to the possession or use of goods under a
contractual bailment; or
(b) the
business of acquiring the rights of the bailor under a contractual bailment;
or
(c) the
business of providing financial accommodation under a bailment plan; or
(d) the
business of guaranteeing the obligations of a bailee under a
contractual bailment or a bailment plan,
but does not include business of a class exempted by regulation from the ambit
of this definition.