FAIR TRADING ACT 2010 - SECT 7

FAIR TRADING ACT 2010 - SECT 7

7 .         Term used: consumer

        (1)         In this Act (other than Part 3 and the Australian Consumer Law (WA) ) —

        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; or

            (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; or

            (c)         a person who purchases or is the 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.

        (2)         However, a person who carries on a trade or business is not a consumer for the purposes of subsection (1) in respect of or in relation to —

            (a)         goods purchased or taken on hire or lease by that person, or of which that person is a potential purchaser, hirer or lessee, in the course of or for the purpose of the carrying on of that trade or business;

            (b)         a service used by that person, or of which the person is a potential user, in the course of or for the purpose of the carrying on of that trade or business;

            (c)         an estate or interest in land or a building purchased by that person, or of which the person is a potential purchaser, in the course of or for the purpose of the carrying on of that trade or business;

            (d)         any land or building or part of a building of which the person 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.

        (3)         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).