4Interpretation

4 Interpretation (1) In this Act: acquire includes: (a) in relation to goods – acquire by purchase or exchange or by taking on lease, on hire or on hire-purchase; and (b) in relation to services – accept. application law, for Part 4, see section 25(1). Consumer Affairs and Fair Trading Act 1990 2 approved form means a form approved under section 9(5) or 17A(7). Australian Consumer Law, for Part 4, see section 25(1). Australian Consumer Law (NT) means the provisions applying because of Part 4 of this Act. Australian Consumer Law text, for Part 4, see section 25(1). authorised officer means a person who is, in accordance with section 18, an authorised officer for the purposes of all or any of Parts 4 to 14. biodiesel, for Part 11, see section 185. business includes: (a) a business not carried on for profit; and (b) a trade or profession. code of practice means a code of practice for the time being prescribed pursuant to section 239. Commissioner means the Commissioner of Consumer Affairs appointed under section 6, and includes any person for the time being acting in, or performing the duties of, the office of Commissioner. consumer, see section 5. Deputy Commissioner means the person holding or occupying the office of Deputy Commissioner of Consumer Affairs mentioned in section 9A. diesel fuel, for Part 11, see section 185. director, in relation to a body corporate, includes any person occupying or acting in the position of director of the body corporate, by whatever name called and whether or not validly appointed to occupy, or duly authorised to act in, the position. Director means the person holding or occupying the office of Director mentioned in section 13. discounted fuel price, for Part 11, see section 185. document includes any record of information, whether or not the information is available only after the record is subjected to electronic or other process. Consumer Affairs and Fair Trading Act 1990 3 enactment includes regulations made under an Act. fuel retailer, for Part 11, see section 185. goods includes: (a) ships, aircraft and other vehicles; and (b) animals, including fish; and (c) minerals, trees and crops, whether on, under or attached to land or not; and (d) gas and electricity. instrument, for Part 4, see section 25(1). Intergovernmental Agreement, for Part 4, see section 25(1). jurisdiction, for Part 4, see section 25(1). law, for Part 4, see section 25(1). liquefied petroleum gas, for Part 11, see section 185. modifications, for Part 4, see section 25(1). month, for Part 4, see section 25(1). normal fuel price, for Part 11, see section 185. officer, in relation to a body corporate, see section 9 of the Corporations Act 2001. participating jurisdiction, for Part 4, see section 25(1). petrol, for Part 11, see section 185. prescribed fuel, for Part 11, see section 185. price includes a charge of any description. price board, for Part 11, see section 185. send includes deliver. service station, for Part 11, see section 185. 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 Consumer Affairs and Fair Trading Act 1990 4 trade or commerce, and without limiting the generality of the foregoing, includes the rights, benefits, privileges or 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, or the use or enjoyment of facilities for, amusement, entertainment, recreation or instruction; or (iii) 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) any contract for or in relation to the lending of moneys; but does not include rights or benefits consisting in the supply of goods or the performance of work under a contract of service. State, for Part 4, see section 25(1). state of mind, of a person, includes a reference to: (a) the knowledge, intention, opinion, belief or purpose of the person; and (b) the person's reasons for the person's intention, opinion, belief or purpose. supplier means a person who, in the course of a business, supplies goods or services. supply includes: (a) in relation to goods – supply (including re-supply) by way of sale, exchange, lease, hire or hire-purchase; and (b) in relation to services – provide, grant or confer for valuable consideration. Territory, for Part 4, see section 25(1). Consumer Affairs and Fair Trading Act 1990 5 this jurisdiction, for Part 4, see section 25(1). trade or commerce includes any business or professional activity. Note for section 4(1) The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. (2) In this Act: (a) a reference to the acquisition of goods includes a reference to the acquisition of property in, or rights in relation to, goods in consequence of a supply of the goods; and (b) a reference to the supply or acquisition of goods or services includes a reference to agreeing to supply or acquire goods or (c) a reference to the supply or acquisition of goods includes a reference to the supply or acquisition of goods together with other property or services, or both; and (d) a reference to the supply or acquisition of services includes a reference to the supply or acquisition of services together with property or other services, or both; and (e) a reference to the re-supply of goods acquired from a person includes a reference to: (i) a supply of the goods to another person in an altered form or condition; and (ii) a supply to another person of goods in which the first-mentioned goods have been incorporated. (3) For this Act: (a) the obtaining of credit by a person in connection with the acquisition of goods or services by the person is an acquisition by the person of services; and (b) any amount by which the price of goods or services is increased because credit was obtained is the price of the services represented by the obtaining of credit. (4) In this Act: (a) a reference to conduct is a reference to the doing of any act, or the refusing to do any act, including an act that constitutes (or would but for the refusal constitute) making or giving effect Consumer Affairs and Fair Trading Act 1990 6 to a provision of a contract or arrangement, arriving at or giving effect to a provision of an understanding, or requiring or entering into a covenant; and (b) a reference to refusing to do an act includes a reference to: (i) refraining (otherwise than inadvertently) from doing that act; or (ii) making it known that that act will not be done; and (c) a reference to a person offering to do an act, or to do an act on a particular condition, includes a reference to the person making it known that the person will accept applications, offers or proposals for the person to do that act or to do that act on that condition, as the case may be. (5) In this Act: (a) a reference to loss or damage, other than a reference to the amount of any loss or damage, includes a reference to injury; and (b) a reference to the amount of any loss or damage includes a reference to damages in respect of an injury.