Tasmanian Consolidated Acts

FAIR TRADING ACT 1990 - SECT 5

      (1) For the purposes of this Act, unless the contrary intention appears –

(a) a person shall 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 shall 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 shall 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 shall 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 shall 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 the meaning of the expression "services" in section 3, the obtaining of credit by a person in connection with the acquisition of goods or services by the person shall be deemed 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 shall be deemed to be paid or payable by the person for that service.

      (3) In this section,

"commercial road vehicle" means a vehicle or trailer acquired for use principally in the transport of goods on public roads.