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Competition and Consumer Act 2010
4Interpretation
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4 Interpretation
(1) In this Act, unless the contrary intention appears:
accountable authority has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Accreditation Registrar means:
(a) if a person holds an appointment under subsection 56CK(1)—that person; or
(b) otherwise—the Commission.
accredited action initiator has the meaning given by section 56AMC.
accredited data recipient has the meaning given by section 56AK.
accredited person means a person who holds an accreditation under subsection 56CA(1).
ACMA means the Australian Communications and Media Authority.
acquire includes:
(a) in relation to goods—acquire by way of purchase, exchange or taking on lease, on hire or on hire‑purchase; and
(b) in relation to services—accept.
acquisition determination, in respect of a notification of an acquisition, means:
(a) a determination made under subsection 51ABZE(1) in respect of the notification; or
(b) a determination made under subsection 51ABZW(1) in respect of a public benefit application relating to the notification.
acquisitions provision means any of the following provisions:
(a) a provision of Division 1A of Part IV;
(b) a provision of Part IVA;
(c) a provision of Division 1B of Part IX;
(d) another provision of this Act, to the extent that it relates to a provision covered by paragraph (a), (b) or (c).
acquisitions register means the register kept by the Commission under subsection 51ABZZH(1).
actionable scam intelligence has the meaning given by section 58AI.
action service provider has the meaning given by subsection 56AMB(1).
adjusted turnover, of a body corporate during a period, means the sum of the values of all the supplies that the body corporate, and any body corporate related to the body corporate, have made, or are likely to make, during the period, other than:
(a) supplies made from any of those bodies corporate to any other of those bodies corporate; or
(b) supplies that are input taxed; or
(c) supplies that are not for consideration (and are not taxable supplies under section 72‑5 of the A New Tax System (Goods and Services Tax) Act 1999); or
(d) supplies that are not made in connection with an enterprise that the body corporate carries on; or
(e) supplies that are not connected with the indirect tax zone.
Expressions used in this definition that are also used in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning as in that Act.
AEMC or Australian Energy Market Commission means the body established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.
AER or Australian Energy Regulator means the body established by section 44AE.
AER Chair means the Chair of the AER.
AER member means a member of the AER.
arrive at, in relation to an understanding, includes reach or enter into.
ASIC means the Australian Securities and Investments Commission.
associate, of an SPF consumer, means an associate (within the meaning of section 318 of the Income Tax Assessment Act 1936) of the SPF consumer who is:
(a) a natural person who is in Australia or is ordinarily resident in Australia; or
(b) a person who carries on a business having a principal place of business in Australia;
Australian Consumer Law means Schedule 2 as applied under Subdivision A of Division 2 of Part XI.
Australian law has the same meaning as in the Privacy Act 1988.
Australian repairer: see section 57BB.
authorisation means an authorisation under Division 1 of Part VII granted by the Commission or by the Tribunal on a review of a determination of the Commission.
authority, in relation to a State or Territory, and each external Territory, means:
(a) a body corporate established for a purpose of the State or the Territory by or under a law of the State or Territory; or
(b) an incorporated company in which the State or the Territory, or a body corporate referred to in paragraph (a), has a controlling interest.
Note: See also the definitions of Commonwealth authority and State or Territory authority in subsection 95A(1) (which apply in relation to Part VIIA).
authority of the Commonwealth means:
(a) a body corporate established for a purpose of the Commonwealth by or under a law of the Commonwealth or a law of a Territory; or
(b) an incorporated company in which the Commonwealth, or a body corporate referred to in paragraph (a), has a controlling interest.
Note: See also the definitions of Commonwealth authority and State or Territory authority in subsection 95A(1) (which apply in relation to Part VIIA).
banker includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.
binding data standard has the meaning given by subsection 56FA(3).
breach turnover period, of a body corporate, for an offence, a contravention, or an act or omission, means the longer of the following periods:
(a) the period of 12 months ending at the end of the month in which:
(i) for an offence—the body corporate ceased committing the offence, or was charged with the offence (whichever is earlier); or
(ii) for a contravention—the contravention ceased, or proceedings in relation to the contravention were instituted (whichever is earlier); or
(iii) for an act or omission—the act or omission ceased, or proceedings in relation to the act or omission were instituted (whichever is earlier);
(b) the period ending at the same time as the period determined under paragraph (a) and starting:
(i) for an offence—at the beginning of the month in which the body corporate committed, or began committing, the offence (as the case requires); or
(ii) for a contravention—at the beginning of the month in which the contravention occurred or began occurring (as the case requires); or
(iii) for an act or omission—at the beginning of the month in which the act or omission occurred or began occurring (as the case requires).
business includes a business not carried on for profit.
business day: in Part IVA, business day has the meaning given by section 51ABK.
cartel provision has the meaning given by section 45AD.
CDR Accreditor means:
(a) if a person holds an appointment under subsection 56CG(1)—that person; or
(b) otherwise—the Commission.
CDR action has the meaning given by subsection 56AMA(1).
CDR action participant has the meaning given by section 56AMD.
CDR consumer has the meaning given by subsection 56AI(3) or (3A).
CDR data has the meaning given by subsection 56AI(1).
CDR declaration has the meaning given by subsection 56AMA(2).
CDR participant has the meaning given by subsection 56AL(1).
CDR provisions has the meaning given by section 56AN.
Chairperson means the Chairperson of the Commission.