3Definitions

3 Definitions (1) In this Act— ***accommodation*** means a room or other area at an accommodation place that contains sleeping facilities; ***accommodation place*** means any place that provides accommodation for use by members of the travelling public as part of a commercial transaction, but does not include accommodation in or on something that is being used, or is ordinarily used, as means of transportation; Accommodation places include backpacker hostels, bed and breakfast providers, hotels, motels, resorts, serviced apartments and similar facilities. ***accommodation provider*** means a person who operates a business that includes providing accommodation; ***Authority*** means the Business Licensing Authority established under the **Business Licensing Authority Act 1998**; ***bailment*** includes bailment for reward, bailment in the course of business, gratuitous bailment, involuntary bailment and any sub‑bailment; ***business day***, in relation to an introduction agent, means a day on which the introduction agent is open for business; ***business licensing Act*** has the same meaning as in the **Business Licensing Authority Act 1998**; ***commercial transaction*** includes an arrangement under which accommodation is provided without charge if the arrangement is commercial in nature; ***Consumer Act*** means— (a) an Act listed in Schedule 1; or (b) Part 4 of the **Veterans Act 2005**; ***consumer debt*** means any debt that is incurred by a natural person wholly or predominately in connection with personal, domestic or household purposes; ***contract of supply*** includes an agreement to supply; ***court***— (a) in Part 3.1, in relation to any legal proceeding, includes VCAT and a person acting judicially; (b) in Part 3.2, in relation to any matter, means the court or arbitrator by or before whom the matter falls to be determined; (c) in Part 4.2, means any court of competent jurisdiction and includes VCAT; See section 223 for the meaning of ***court*** in the Australian Consumer Law (Victoria). ***credit report*** means any written, oral, or other communication with respect to the credit worthiness, credit standing, or credit capacity of a person but does not include a report containing information solely as to transactions or communications between the person making the report and the person who is the subject of the report; ***credit reporting agent*** means a person who engages in the practice of providing credit reports to any other person, whether for profit or reward or on a regular co-operative basis; ***dealer*** means a person by whom or on whose behalf any antecedent negotiations are conducted but does not include the supplier or an agent of the supplier acting with the authority of the supplier; ***debt***, in Part 4.1, includes an alleged debt; ***Director*** means the person who, for the time being, is employed as Director of Consumer Affairs Victoria under the **Public Administration Act 2004**; ***discharge***, in Chapter 3, in relation to a contract of supply of goods or services, means discharge of the contract so far as it is executory; ***discharged contract*** means a contract to which Part 3.2 applies; ***disposal costs*** means the costs incurred by the receiver for the disposal of goods under Part 4.2; ***enforcement expenses*** has the same meaning as it has in the National Credit Code; ***engage in debt collection*** means to perform any of the following for remuneration or reward— (a) to find, or repossess, for another person any goods or chattels that the other person is entitled to repossess under an agreement or goods mortgage; (b) to collect, attempt to collect, or request payment of, debts owed to another person; ***fault*** means negligence or another act or omission giving rise to a liability; ***the Fund*** means the Victorian Consumer Law Fund referred to in section 134(1); ***guest*** means a person to whom, or for whom, accommodation is provided by an accommodation provider during a period of accommodation, but does not include— (a) a person who is at the accommodation place merely to obtain beverages or food or to visit someone else; or (b) a person who usually lives at the accommodation place; S. 3(1) def. of *high value* amended by No. 57/2013 s. 6. ***high value***, for goods, means the goods are of a value more than or equal to— (a) in the case of a motor vehicle, $1000 or, if another value is prescribed by the regulations, that other value; or (b) in any other case, $5000 or, if another value is prescribed by the regulations, that other value; ***hire-purchase agreement*** includes— (a) a letting of goods with an option to purchase; and (b) an agreement for the purchase of goods by instalments (whether that agreement describes the instalments as rent or hire or otherwise); but does not include any agreement— (c) by which the property in the goods in the agreement passes at the time of the agreement or on or at any time before the delivery of the goods; or (d) under which the person by whom the goods are being hired or purchased is a person who is engaged in the trade or business of selling goods of the same nature or description as the goods comprised in the agreement; or (e) that is a regulated contract within the meaning of the **Credit Act 1984**; or (f) that is a credit contract within the meaning of the National Credit Code; ***innkeeper's liability*** means innkeeper's liability under the common law but only in relation to the strict liability imposed on an innkeeper for failing to safeguard the property of the innkeeper's guests that is brought to the innkeeper's inn; ***innkeeper's lien*** means the common law right allowing an innkeeper— (a) to take possession of the property of the innkeeper's guests that is brought to the innkeeper's inn; and (b) to keep the property until the innkeeper receives payment for accommodation, beverages, food and other services provided to the guest; ***innocent misrepresentation***, in Part 3.1, in relation to a contract of supply of goods or services means misrepresentation that is not fraudulent; ***inspector*** means a person appointed as an inspector under section 142; ***introduction agent*** has the meaning given by section 81; ***introduction agreement*** means an agreement to provide an introduction service; ***introduction service*** has the meaning given by section 82; S. 3(1) def. of *licence* amended by Nos 16/2014 s. 5, 26/2019 s. 135, 7/2022 s. 52, 6/2025 s. 83(1). ***licence***, in Division 3 of Part 6.2, means— (a) a licence issued or granted under— (i) the **Conveyancers Act 2006**; or (ii) the **Estate Agents Act 1980**; or (iii) the **Motor Car Traders Act 1986**; or (b) a person who is a registered agent's representative within the meaning of section 4(1) of the **Estate Agents Act 1980**; or (c) a right to participate in a customer service capacity in the business of a motor car trader within the meaning of the **Motor Car Traders Act 1986**; or (e) a registration or endorsement of registration under the **Second-Hand** **Dealers and Pawnbrokers Act 1989**; or (f) a registration as a professional engineer under the **Professional Engineers Registration Act 2019**; ***licence suspension period***, in relation to a licence in Division 3 of Part 6.2, means the period— (a) commencing on the date of service of the notice in relation to the licence under section 120; and (b) ending on— (i) the lapsing of the suspension of the licence under section 122; or (ii) the date of an order referred to in section 122(2) relating to the suspension of the licence; ***licensee***, in relation to a licence in Division 3 of Part 6.2, means the person who is the holder of the licence; ***loss***, in Part 5.2, includes damage or destruction; ***low value***, for goods, means the goods are of a value less than— (a) in the case of a motor vehicle, $1000 or, if another value is prescribed by the regulations, that other value; or (b) in any other case, $200 or, if another value is prescribed by the regulations, that other value; ***medium value***, for goods other than motor vehicles, means the goods are— (a) of a value equal to or more than $200 or, if another value is prescribed by the regulations, that other value; and (b) less than $5000 or, if another value is prescribed by the regulations, that other value; S. 3(1) def. of *member of the police force* repealed by No. 37/2014 s. 10(Sch. item 6.1(b)). ** * * * ** ***motor vehicle***, in Part 4.2, has the same meaning as it has in the **Road Safety Act 1986**; ***National Credit Code*** has the same meaning as in the National Consumer Credit Protection Act 2009 of the Commonwealth; ***non-party order*** means an order referred to in section 135(1); ***occupier***, in relation to a premises, means a person who appears to be of or over 16 years of age and who appears to be in control of the premises; ***officer***— (a) in relation to a body corporate which is a corporation within the meaning of the Corporations Act, has the same meaning as officer of a corporation has in section 9 of that Act; and (b) in relation to a body corporate which is not a corporation within the meaning of that Act, means any person (by whatever name called) who is concerned in or takes part in the management of the body corporate or an employee of the body corporate; ***owner***, in Part 4.2, in relation to a motor vehicle, means the registered operator within the meaning of the **Road Safety Act 1986**; ***period of accommodation*** means the period of time during which a guest is entitled to use accommodation in an accommodation place; S. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 6.1(a)). ***police officer*** has the same meaning as in the **Victoria Police Act 2013**; ***post box*** means post office box, document exchange, mail collection agency or mail forwarding agency; ***private residence*** includes any part of the allotment on which the private residence is situated; ***prohibited person*** means a person who is prohibited from engaging in debt collection under section 47(1) and who does not hold a current permission given by the Authority under section 49; ***property of a guest*** means the property brought to the accommodation place or its precincts by or for the guest, but does not include— (a) a motor vehicle brought to the accommodation or its precincts by or for the guest, or other things owned by the guest left in or on the motor vehicle; or (b) property taken from the accommodation or its precincts by or for the guest; ***provide***, in Part 5.2, includes offering to provide; ***provider***, in Part 4.2, means the person who gives possession of goods under a bailment (whether or not the person is the owner of the goods); ***public auction***, in Part 4.2, includes an auction conducted on the Internet; ***public holiday*** has the same meaning as in the **Public Holidays Act 1993**; ***publicly registered interest***, in Part 4.2, means an interest in goods that is recorded— (a) in the register within the meaning of the Personal Property Securities Act 2009 of the Commonwealth if the goods are described by serial number in that register; or (b) in any register prescribed by the regulations; ***receiver***, in Part 4.2, means the person who takes possession of goods under a bailment; ***Registrar***, in Part 4.2, means the Registrar appointed under section 4 of the **Unclaimed Money Act 2008**; ***related body corporate*** has the same meaning as in the Corporations Act; ***relevant charge*** has the meaning given by section 55; ***rescission***, in Part 3.1, in relation to a contract of supply of goods or services means avoidance of the contract as from its beginning; ***safekeeping service*** means a service provided at an accommodation place where property of guests is deposited with the accommodation provider for safekeeping, but does not include a safe facility located in a unit of accommodation; ***Secretary*** means the Secretary to the Department of Justice; ***time of discharge***, in Part 3.2, in relation to any contract, means the time at which— (a) performance of the contract becomes impossible; or (b) the contract is otherwise frustrated; or (c) the contract is avoided by the operation of section 12 of the **Goods Act 1958**; ***uncollected goods*** has the meaning given by section 54; ***workplace*** includes any land used in conjunction with a workplace for the purposes of the workplace. (2) Without limiting subsection (1), unless the contrary intention appears the words and expressions used in this Act have the same meanings as they have in the Australian Consumer Law (Victoria).