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FAIR TRADING ACT 2010 - SECT 8

FAIR TRADING ACT 2010 - SECT 8

8 .         Term used: services

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

        services includes any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges or facilities that are, or are to be, provided, granted or conferred in trade or commerce.

        (2)         Without limiting the generality of subsection (1), the definition of services includes the rights, benefits, privileges and facilities that are, or are to be, provided, granted or conferred under —

            (a)         a contract for or in relation to —

                  (i)         the performance of work (including work of a professional nature), whether with or without the supply of goods; or

                  (ii)         the provision of gas or electricity or the provision of any other form of energy; or

                  (iii)         the provision for reward of lodging or accommodation; or

                  (iv)         the provision, or making available for use, of facilities for amusement, entertainment, recreation or instruction; or

                  (v)         the conferring of rights, benefits or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction;

                or

            (b)         a contract of insurance; or

            (c)         a contract between a banker and a customer of the banker entered into in the course of the carrying on by the banker of the business of banking; or

            (d)         a contract for or in relation to the lending of money.

        (3)         The definition of services does not include rights or benefits being the supply of goods or the performance of work under a contract of service.

        (4)         Legal services as defined in the Legal Profession Uniform Law (WA) section 6(1) are not services for the purposes of this section.

        [Section 8 amended: No. 9 of 2022 s. 424.]