• Specific Year
    Any

DUTIES ACT 2000 - SECT 132 Exclusions from the definition of hire of goods

DUTIES ACT 2000 - SECT 132

Exclusions from the definition of hire of goods

A hire of goods does not include any of the following—

S. 132(a) substituted by No. 79/2001 s. 10(1).

        (a)     an arrangement that gives a person a right to use goods that is conferred incidentally with a lease of, or a licence to occupy or use, land if there is no apportionment of consideration between the right to use the goods and the right to occupy or use the land;

        (b)     an arrangement for the hire of an aircraft, ship or vessel, or for the hire of an engine or other component part of an aircraft, ship or vessel;

        (c)     an arrangement for the provision of goods to a trader for the purpose of displaying or demonstrating the goods pending their sale or hire to a third party;

        (d)     an arrangement comprising a wet hire (that is, an arrangement under which an operator is provided by or at the direction of the person hiring out the goods to operate the goods for the hirer);

        (e)     an arrangement for the use of goods the provision of which is incidental and ancillary to the provision of a service if the provision of the goods is solely to enable the contractual provision of the service;

        (f)     an arrangement made between related bodies corporate;

        (g)     an arrangement under which a motor vehicle is subleased by an employee to an employer in connection with the employee's remuneration or other employment benefits;

        (h)     an arrangement for the use, by a person who is partially or totally incapacitated, of an invalid aid or prosthetic device or of any similar aid, device or appliance;

S. 132(i) amended by No. 11/2010 s. 42(1).

              (i)     a credit contract within the meaning of the Consumer Credit (Victoria) Code as in force before its repeal under which the amount of credit does not exceed $35 000;

        (j)     a hire purchase agreement relating to the use of farm machinery or a commercial vehicle where the purchaser is a natural person;

        (k)     an arrangement relating to the use of—

              (i)     a book; or

              (ii)     an electricity, gas or water meter; or

              (iii)     a caravan that is to remain on site.