Victorian Consolidated Legislation

Competition Policy Reform (Victoria) Act 1995 - SECT 15

Activities that are not business

15. Activities that are not business



(1) For the purposes of sections 13 and 14, the following do not amount to
carrying on a business-

   (a)  imposing or collecting-

   (i)  taxes; or

   (ii) levies; or

   (iii) fees for licences;

   (b)  granting, refusing to grant, revoking, suspending or varying licences
        (whether or not they are subject to conditions);

   (c)  a transaction involving-

   (i)  only persons who are all acting for the Crown in the same right (and
        none of whom is an authority of a State); or

   (ii) only persons who are all acting for the same authority of a State; or

   (iii) only the Crown in right of a State and one or more non-commercial
        authorities of that State; or

   (iv) only non-commercial authorities of the same State;

   (d)  the acquisition of primary products by a government body under
        legislation, unless the acquisition occurs because-

   (i)  the body chooses to acquire the products; or

   (ii) the body has not exercised a discretion that it has under the
        legislation that would allow it not to acquire the products.

(2) Subsection (1) does not limit the things that do not amount to carrying on
a business for the purposes of sections 13 and 14.

(3) In this section-

acquisition of primary products by a government body under legislation
includes vesting of ownership of primary products in a government body by
legislation;

government body means a State or an authority of a State;

licence means a licence that allows the licensee to supply goods or services;

primary products means-

   (a)  agricultural or horticultural produce; or

   (b)  crops, whether on or attached to the land or not; or

   (c)  animals (whether dead or alive); or

   (d)  the bodily produce (including natural increase) of animals.

(4) For the purposes of this section, an authority of a State is
non-commercial if-

   (a)  it is constituted by only one person; and

   (b)  it is neither a trading corporation nor a financial corporation.