Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 3

Definitions

3. Definitions

In this Act-

auction means any sale of goods or services at which some or all of the
persons present compete for the purchase of goods or services, whether by way
of increasing bids or by the offer of goods or services to be bid for at
successively decreasing prices or otherwise;

business day means a day that is not-

   (a)  a Saturday or Sunday; or

   (b)  a public holiday; business licensing Act has the same meaning as in
        the Business Licensing Authority Act 1998;

cancellation charge in relation to a lay-by means any amount which, under the
terms of the lay-by, the supplier may charge for the cancellation of the
lay-by;

compulsory recall notice means a notice under section 50; Consumer Act means-

   (a)  an Act listed in Schedule 1; or

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   (c)  Part 4 of the Veterans Act 2005;



consumer contract means an agreement, whether or not in writing and whether of
specific or general use, to supply goods or services of a kind ordinarily
acquired for personal, domestic or household use or consumption, for the
purposes of the ordinary personal, domestic or household use or consumption of
those goods or services;

contact sales agreement has the meaning given in section 60;

cooling-off period means-

   (a)  in the case of a contact sales agreement, the period within which the
        purchaser is entitled under the agreement and section 63 to cancel the
        agreement; or

   (aa) in the case of a telephone marketing agreement, the period within
        which the purchaser is entitled under the agreement and section 67H to
        cancel the agreement; or

   (b)  in the case of a non-contact sales agreement, the period within which
        the purchaser is entitled under the agreement and section 71 to cancel
        the agreement;

dangerous means likely to cause death or serious injury to the body or health
of any person, whether directly or indirectly;

Director means the person who, for the time being, is employed as Director of
Consumer Affairs Victoria under the Public Administration Act 2004;





engaging in conduct, in relation to a person, includes all or any of the
following-

   (a)  the doing of any act by the person;

   (b)  the refusal by the person to do any act;

   (c)  the person refraining (otherwise than inadvertently) from doing an
        act;

   (d)  the person making it known that an act will not be done;

   (e)  the person offering to do an act or to do an act on a particular
        condition;

   (f)  the person making it known that he or she will accept applications,
        offers or proposals to do the act or to do the act on a particular
        condition; fixed term ban order means a fixed term ban order under
        section 39 or 40;

goods includes-

   (a)  in the definition of hire-purchase agreement, all chattels personal
        other than money or things in action;

   (b)  in any other case includes-

   (i)  ships, aircraft and other vehicles; and

   (ii) animals (including fish); and

   (iii) minerals, trees and crops, whether on, under or attached to land or
        not; and

   (iv) gas, electricity, water, sewerage and telecommunications;
        hire-purchase agreement includes a letting of goods with an option to
        purchase and an agreement for the purchase of goods by instalments
        (whether that agreement describes the instalments as rent or hire or
        otherwise) but does not include any agreement-

   (a)  by which the property in the goods in the agreement passes at the time
        of the agreement or on or at any time before delivery of the goods; or

   (b)  under which the person by whom the goods are being hired or purchased
        is a person who is engaged in the trade or business of selling goods
        of the same nature or description as the goods comprised in the
        agreement; or

   (c)  that is a regulated contract within the meaning of the
        Credit Act 1984; or

   (d)  that is a credit contract within the meaning of the Consumer Credit
        (Victoria) Code;

interim ban order means an interim ban order under section 35;

inspector means a person appointed to be an inspector under section 114;

lay-by means the supply of goods ordinarily used for personal, household or
domestic purposes on terms (express or implied) which provide that-

   (a)  the goods will not be delivered to or available for collection by the
        purchaser until the whole of the price has been paid; and

   (b)  the price is to be paid by 3 or more payments- whether or not the
        goods are in existence or in the supplier's possession when the terms
        are agreed upon;

lay-by statement means a statement of lay-by terms given under section 83;

member of the police force has the same meaning as member of the force in the
Police Regulation Act 1958;

non-contact sales agreement has the meaning given by section 68;

occupier in relation to a premises, means a person who appears to be of or
over 16 years of age and who appears to be in control of the premises;

officer-

   (a)  in relation to a body corporate which is a corporation within the
        meaning of the Corporations Act, has the same meaning as officer of a
        corporation has in section 9 of that Act; and

   (b)  in relation to a body corporate which is not a corporation within the
        meaning of that Act, means any person (by whatever name called) who is
        concerned in or takes part in the management of the body corporate or
        an employee of the body corporate;

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permanent ban order means a permanent ban order under section 39 or 40; post
box means post office box, document exchange, mail collection agency or mail
forwarding agency;

prescribed information standard means an information standard prescribed in
accordance with section 47;

prescribed safety standard means a safety standard prescribed in accordance
with section 34;

price includes a charge of any description;

private residence includes any part of the allotment on which the private
residence is situated; public holiday has the same meaning as in the
Public Holidays Act 1993;

publisher means a person who publishes a publication intended for sale or
public distribution (whether to the public generally or to a restricted class
or number of persons) or for public display (including in an electronic form);

purchaser in relation to a supply of goods or services means the person to
whom the goods or services have been or are to be supplied;

related body corporate has the same meaning as in the Corporations Act;



related contract or instrument in relation to a contact sales agreement,
telephone marketing agreement or non-contact sales agreement means-

   (a)  a contract of guarantee or indemnity that is related to that
        agreement; or

   (b)  an instrument related to that agreement that creates a mortgage or
        charge in favour of the supplier, or a person nominated by the
        supplier; or

   (c)  any other contract or instrument (not being an instrument of the kind
        referred to in paragraph (b)) that is collateral or related to the
        agreement; Secretary means the Secretary to the Department of Justice;



services includes any rights (including rights in relation to, and interests
in real or personal property), benefits, privileges or facilities that are, or
are to be, provided, granted or conferred in trade or commerce, including the
rights, benefits, privileges or facilities that are, or are to be provided,
granted or conferred under a contract for or in relation to-

   (a)  the performance of work (including work of a professional nature)
        whether with or without the supply of goods; or

   (b)  the provision of, or the use or enjoyment of facilities for,
        amusement, entertainment, recreation or instruction; or

   (c)  the conferring of rights or benefits or privileges for which
        remuneration is payable in the form of a royalty, tribute, levy or
        similar payment- but does not include rights or benefits being the
        supply of goods or the performance of work under a contract of
        service;

supplier in relation to a supply of goods or services, means the person who
has supplied or is to supply the goods or services;

supply includes-

   (a)  in relation to goods-supply (including re-supply) by way of sale,
        exchange, lease, hire or hire-purchase agreement; and

   (b)  in relation to services-provide, grant or confer; and

   (c)  in Part 3, in relation to goods-

   (i)  exhibit, expose or have in possession for the purpose of sale,
        exchange, lease, hire or hire-purchase or for any purpose of
        advertisement, trade or business; and

   (ii) offer as a prize or reward or give away for the purpose of
        advertisement or in furtherance of trade or business; telephone
        marketing agreement has the meaning given by section 67A;



trade-in in relation to goods, means goods-

   (a)  which were purchased or accepted; or

   (b)  in respect of which there was an agreement to purchase or accept-
        before or at the time of the entering into of an agreement, as part of
        the consideration for the transaction to which the agreement relates;

trade or commerce includes any business or professional activity whether or
not carried on for profit;

Tribunal means the Victorian Civil and Administrative Tribunal established by
the Victorian Civil and Administrative Tribunal Act 1998; unsolicited goods
means goods supplied to a person-

   (a)  without any request made by or on behalf of the person; or

   (b)  on approval;

unsolicited services means services supplied to a person without any request
made by or on behalf of the person;

workplace includes any land used in conjunction with a workplace for the
purposes of the workplace.