FAIR TRADING ACT 2010 - SECT 17

FAIR TRADING ACT 2010 - SECT 17

17 .         Terms used

        (1)         In this Part, unless the contrary intention appears —

        amend includes replace;

        amending law means a Commonwealth Act that amends either or both of the following —

            (a)         Schedule 2 to the Competition and Consumer Act 2010 (Commonwealth);

            (b)         the regulations made under section 139G of that Act;

        application law means —

            (a)         a law of a participating jurisdiction that applies the Australian Consumer Law, either with or without modifications, as a law of the participating jurisdiction; or

            (b)         any regulations or other legislative instrument made under a law described in paragraph (a); or

            (c)         the Australian Consumer Law, applying as a law of the participating jurisdiction, either with or without modifications;

        Australian Consumer Law means (according to the context) —

            (a)         the Australian Consumer Law text; or

            (b)         the Australian Consumer Law text, applying as a law of a participating jurisdiction, either with or without modifications;

        Australian Consumer Law text means the text described in section 18;

        Australian Consumer Law (WA) means the provisions applying in this jurisdiction because of section 19;

        instrument means any document whatever, including the following —

            (a)         an Act or an instrument made under an Act;

            (b)         a law of this jurisdiction or an instrument made under such a law;

            (c)         an award or other industrial determination or order, or an industrial agreement;

            (d)         any other order (whether executive, judicial or otherwise);

            (e)         a notice, certificate or licence;

            (f)         an agreement;

            (g)         an application made, prosecution notice lodged, information or complaint laid, affidavit sworn, or warrant issued, for any purpose;

            (h)         an indictment, presentment, summons or writ;

                  (i)         any other pleading in, or process issued in connection with, a legal or other proceeding;

        Intergovernmental Agreement means the Intergovernmental Agreement for the Australian Consumer Law made on 2 July 2009 between the Commonwealth, the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania, the Australian Capital Territory and the Northern Territory of Australia, as in force for the time being;

        jurisdiction means a State or the Commonwealth;

        law , in relation to a Territory, means a law of, or in force in, that Territory;

        modifications includes additions, omissions and substitutions;

        participating jurisdiction means a jurisdiction that is a party to the Intergovernmental Agreement and applies the Australian Consumer Law as a law of the jurisdiction, either with or without modifications;

        State includes a Territory;

        Territory means the Australian Capital Territory or the Northern Territory of Australia;

        this jurisdiction means Western Australia.

        (2)         Terms used in this Part and also in the Australian Consumer Law (WA) have the same meanings in this Part as they have in that Law.

        (3)         For the purposes of this Part —

            (a)         a jurisdiction is taken to have applied the Australian Consumer Law as a law of the jurisdiction if a law of the jurisdiction substantially corresponds to the provisions of the Australian Consumer Law text, as in force from time to time; and

            (b)         the corresponding law is taken to be the Australian Consumer Law, or the Australian Consumer Law text, applying as a law of that jurisdiction.

        [Section 17 amended: No. 34 of 2022 s. 4.]