QLDIn ForceAct
Competition Policy Reform (Queensland) Act 1996
sec.15Activities that are not business
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### sec.15 Activities that are not business
For the purposes of sections 13 and 14 , the following do not amount to carrying on a business—
imposing or collecting—
taxes; or
levies; or
fees for licences;
granting, refusing to grant, revoking, suspending or varying licences (whether or not they are subject to conditions);
a transaction involving—
only persons who are all acting for the same jurisdiction (and none of whom is an authority of a State); or
only persons who are all acting for the same authority of a State; or
only a State and 1 or more non-commercial authorities of that State; or
only non-commercial authorities of the same State;
the acquisition of primary products by a government body under legislation, unless the acquisition occurs because—
the body chooses to acquire the products; or
the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.
Subsection (1) does not limit the things that do not amount to carrying on a business for the purposes of sections 13 and 14 .
In this section—
acquisition of primary products by a government body under legislation includes vesting of ownership of primary products in a government body by legislation.
government body means a State or an authority of a State.
licence means a licence that allows the licensee to supply goods or services.
primary products means—
agricultural or horticultural produce; or
crops, whether on or attached to the land or not; or
animals (whether dead or alive); or
the bodily produce (including natural increase) of animals.
For the purposes of this section, an authority of a State is non-commercial if—
it is constituted by only 1 person; and
it is neither a trading corporation nor a financial corporation.
(sec.15-ssec.1) For the purposes of sections 13 and 14 , the following do not amount to carrying on a business— imposing or collecting— taxes; or levies; or fees for licences; granting, refusing to grant, revoking, suspending or varying licences (whether or not they are subject to conditions); a transaction involving— only persons who are all acting for the same jurisdiction (and none of whom is an authority of a State); or only persons who are all acting for the same authority of a State; or only a State and 1 or more non-commercial authorities of that State; or only non-commercial authorities of the same State; the acquisition of primary products by a government body under legislation, unless the acquisition occurs because— the body chooses to acquire the products; or the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.
(sec.15-ssec.2) Subsection (1) does not limit the things that do not amount to carrying on a business for the purposes of sections 13 and 14 .
(sec.15-ssec.3) In this section— acquisition of primary products by a government body under legislation includes vesting of ownership of primary products in a government body by legislation. government body means a State or an authority of a State. licence means a licence that allows the licensee to supply goods or services. primary products means— agricultural or horticultural produce; or crops, whether on or attached to the land or not; or animals (whether dead or alive); or the bodily produce (including natural increase) of animals.
(sec.15-ssec.4) For the purposes of this section, an authority of a State is non-commercial if— it is constituted by only 1 person; and it is neither a trading corporation nor a financial corporation.
- (a) imposing or collecting— (i) taxes; or (ii) levies; or (iii) fees for licences;
- (i) taxes; or
- (ii) levies; or
- (iii) fees for licences;
- (b) granting, refusing to grant, revoking, suspending or varying licences (whether or not they are subject to conditions);
- (c) a transaction involving— (i) only persons who are all acting for the same jurisdiction (and none of whom is an authority of a State); or (ii) only persons who are all acting for the same authority of a State; or (iii) only a State and 1 or more non-commercial authorities of that State; or (iv) only non-commercial authorities of the same State;
- (i) only persons who are all acting for the same jurisdiction (and none of whom is an authority of a State); or
- (ii) only persons who are all acting for the same authority of a State; or
- (iii) only a State and 1 or more non-commercial authorities of that State; or
- (iv) only non-commercial authorities of the same State;
- (d) the acquisition of primary products by a government body under legislation, unless the acquisition occurs because— (i) the body chooses to acquire the products; or (ii) the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.
- (i) the body chooses to acquire the products; or
- (ii) the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.
- (i) taxes; or
- (ii) levies; or
- (iii) fees for licences;
- (i) only persons who are all acting for the same jurisdiction (and none of whom is an authority of a State); or
- (ii) only persons who are all acting for the same authority of a State; or
- (iii) only a State and 1 or more non-commercial authorities of that State; or
- (iv) only non-commercial authorities of the same State;
- (i) the body chooses to acquire the products; or
- (ii) the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.
- (a) agricultural or horticultural produce; or
- (b) crops, whether on or attached to the land or not; or
- (c) animals (whether dead or alive); or
- (d) the bodily produce (including natural increase) of animals.
- (a) it is constituted by only 1 person; and
- (b) it is neither a trading corporation nor a financial corporation.