Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 8B

The price for a supply or acquisition, or possible supply or acquisition

8B. The price for a supply or acquisition, or possible supply or acquisition



(1) For the purposes of section 8A(7), the price for-

   (a)  the supply or possible supply of goods or services to a person; or

   (b)  the acquisition or possible acquisition of goods or services by a
        person-

is, subject to the rest of this section, taken to be the amount paid or
payable by the person for the goods or services.

(2) For the purposes of section 8A(7), if a person is supplied with, or
acquires, goods or services by way of a purchase that includes other property
or services and no specified price was allocated to the goods or services in
the contract under which they were purchased, the price for the supply or
acquisition of the goods or services is taken to be-

   (a)  the price at which, at the time of the supply or acquisition, the
        person could have purchased the goods or services from the same
        supplier without the other property or services; or

   (b)  if, at that time, the goods or services were not available for
        purchase from the supplier without the other property or services but
        goods or services of the kind supplied or 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

   (c)  if, at that time, goods or services of the kind supplied or acquired
        were not available from any supplier for purchase separately from
        other property or services-the value of the goods or services at that
        time.

(3) For the purposes of section 8A(7), if a person is supplied with, or
acquires, goods or services other than by way of purchase, the price for the
supply or acquisition of the goods or services is taken to be-

   (a)  the price at which, at the time of the supply or acquisition, the
        person could have purchased the goods or services from the supplier;
        or

   (b)  if, at that time, the goods or services were not available for
        purchase from the supplier or were so available only together with
        other property or services but goods or services of the kind supplied
        or 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

   (c)  if, at that time, goods or services of the kind supplied or acquired
        were not available for purchase from any supplier or were not so
        available separately from other property or services-the value of the
        goods or services at that time.

(4) For the purposes of section 8A(7) but without limiting by implication the
definition of services in section 3-

   (a)  the obtaining of credit by a person in connection with the supply to,
        or acquisition by, the person of goods or services is taken to be the
        supply to, or acquisition by, the person of a service; and

   (b)  any amount by which the amount paid or payable by the person for the
        goods or services is increased by reason of the person's so obtaining
        credit is taken to be paid or payable by the person for that service.

(5) For the purposes of section 8A(7), the price for the supply or possible
supply, or the acquisition or possible acquisition, of services comprising or
including a loan or loan facility is taken to include the capital value of the
loan or loan facility.