Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act, a
reference to a consumer is a reference to a person —
(a) who
for the purposes of the Consumer Affairs Act 1971 would be a consumer
within the meaning of that term as defined in section 4 of that Act; and
(b) who
acquires, or proposes to acquire —
(i)
goods or services; or
(ii)
an interest in land, not being land used, or intended to
be used, or apparently intended for use, for industrial or commercial
purposes.
(2) For the purposes
of this Act, unless the contrary intention appears —
(a) a
person shall be taken to have acquired particular goods as a consumer if, and
only if —
(i)
the price of the goods did not exceed the prescribed
amount; or
(ii)
where that price exceeded the prescribed
amount — the goods were of a kind ordinarily acquired for
personal, domestic or household use or consumption or the goods consisted of a
commercial vehicle,
and the person did not
acquire the goods, or hold himself out as acquiring the goods, for the purpose
of re-supply or for the purpose of using them up or transforming them, in
trade or commerce, in the course of a process of production or manufacture or
of repairing or treating other goods or fixtures on land; and
(b) a
person shall be taken to have acquired particular services as a consumer if,
and only if —
(i)
the price of the services did not exceed the prescribed
amount; or
(ii)
where that price exceeded the prescribed
amount — the services were of a kind ordinarily acquired for
personal, domestic or household use or consumption.
(3) For the purposes
of subsection (2) —
(a) the
prescribed amount is $40 000 or, if a greater amount is prescribed for
the purposes of this paragraph, that greater amount;
(b)
subject to paragraph (c), the price of goods or services purchased by a
person shall be taken to have been the amount paid or payable by the person
for the goods or services;
(c)
where a person purchased goods or services together with other property or
services, or with both other property and services, and a specified price was
not allocated to the goods or services in the contract under which they were
purchased, the price of the goods or services shall be taken to have
been —
(i)
the price at which, at the time of the acquisition, the
person could have purchased from the supplier the goods or services without
the other property or services;
(ii)
if, at the time of the acquisition, the goods or services
were not available for purchase from the supplier except together with the
other property or services but, at that time, goods or services of the kind
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
(iii)
if, at the time of the acquisition, goods or services of
the kind acquired were not available for purchase from any supplier except
together with other property or services — the value of the
goods or services at that time;
(d)
where a person acquired goods or services otherwise than by way of purchase,
the price of the goods or services shall be taken to have
been —
(i)
the price at which, at the time of the acquisition, the
person could have purchased the goods or services from the supplier;
(ii)
if, at the time of the acquisition, the goods or services
were not available for purchase from the supplier or were so available only
together with other property or services but, at that time, goods or services
of the kind 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
(iii)
if goods or services of the kind acquired were not
available, at the time of the acquisition, for purchase from any supplier or
were not so available except together with other property or
services — the value of the goods or services at that time.
(4) Where it is
alleged in any proceeding under this Act or in any other proceeding in
respect of a matter arising under this Act that a person was a consumer
in relation to particular goods, services or land, it shall be presumed,
unless the contrary is established, that the person was a consumer in relation
to the goods, services or land.
(5) In this section,
commercial vehicle has the meaning given by section 5(1) of the Credit
Act 1984 .