Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act unless
the contrary intention appears —
Commissioner means the person for the time being
designated as the Commissioner under section 15;
Committee means the Consumer Products Safety
Committee established under section 23E;
consumer means —
(a) a
person who purchases or takes on hire or lease, or is a potential purchaser or
hirer or lessee of, or borrows money for the purpose of purchasing, goods
otherwise than for resale or letting on hire or leasing;
(b) a
person who uses or is a potential user of, or borrows money for the purpose of
using, any service rendered for fee or reward;
(c) a
person who purchases or is a potential purchaser of, or borrows money for the
purpose of purchasing, an estate or interest in any land or building otherwise
than for resale letting or leasing; or
(d) a
person who becomes a tenant or lessee of, or is a potential tenant or lessee
of, any land or building or part of a building otherwise than for assignment
or underletting;
Department means the department of the Public
Service of the State principally assisting the Minister in the administration
of this Act;
documents includes books, papers, and accounts,
and any written records;
goods includes anything that is the subject of
trade, manufacture or merchandise;
section means a section of this Act;
services means services provided by a person in
the carrying on of an industrial, commercial, business, profit-making, or
remunerative undertaking (including a professional practice), and
includes —
(a) the
provision for reward of lodging or accommodation; and
(b) the
entering into by an insurer of, and the provision of rights and benefits
under, any contract of insurance, other than a contract of
insurance —
(i)
required by the
Workers’ Compensation and Injury Management Act 1981 ; or
(ii)
within the meaning of the
Motor Vehicle (Third Party Insurance) Act 1943 .
(2) Notwithstanding
the definition “consumer” in subsection (1), but subject to
subsection (2a), a person who carries on a trade or business is not a
consumer for the purposes of this Act in respect of or in relation
to —
(a)
goods purchased or taken on hire or lease by him, or of which he is a
potential purchaser, hirer or lessee;
(b) a
service used by him, or of which he is a potential user;
(c) an
estate or interest in land or a building purchased by him, or of which he is a
potential purchaser; or
(d) any
land or building or part of a building of which he becomes the tenant or
lessee, or is a potential tenant or lessee,
in the course of or
for the purpose of the carrying on of that trade or business.
(2a) A person who
carries on an agricultural, apicultural, pastoral, horticultural, orcharding,
viticultural or other farming undertaking does not carry on a trade or
business for the purposes of subsection (2).
(2b) The definition of
services shall be taken not to include legal services as defined in the
Legal Profession Act 2008 .
(3) References,
however expressed, in any other Act or in any regulation, notice,
proclamation, or statutory instrument of any kind made, published or in force
under this or any other Act to the Commissioner for Consumer Affairs or the
Commissioner for Consumer Protection and the Consumer Protection Bureau or the
Bureau of Consumer Affairs shall, unless the context requires otherwise, be
read and construed as references to the Commissioner for Fair Trading as
defined by this Act and the Department as so defined, respectively.
[Section 4 amended by No. 21 of 1975
s. 5; No. 90 of 1978 s. 4; No. 66 of 1980 s. 2;
No. 110 of 1981 s. 5; No. 24 of 1983 s. 2; No. 1 of
1985 s. 5; No. 48 of 1992 s. 57; No. 57 of 1997
s. 39(2) and (3); No. 65 of 2003 s. 24(2); No. 42 of 2004
s. 175; No. 28 of 2006 s. 72; No. 21 of 2008 s. 651.]