VICIn ForceAct
Duties Act 2000
132Exclusions from the definition of *hire of goods*
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132 Exclusions from the definition of *hire of goods*
A hire of goods does not include any of the following—
S. 132(a) substituted by No. 79/2001 s. 10(1).
(a) an arrangement that gives a person a right to use goods that is conferred incidentally with a lease of, or a licence to occupy or use, land if there is no apportionment of consideration between the right to use the goods and the right to occupy or use the land;
(b) an arrangement for the hire of an aircraft, ship or vessel, or for the hire of an engine or other component part of an aircraft, ship or vessel;
(c) an arrangement for the provision of goods to a trader for the purpose of displaying or demonstrating the goods pending their sale or hire to a third party;
(d) an arrangement comprising a ***wet hire*** (that is, an arrangement under which an operator is provided by or at the direction of the person hiring out the goods to operate the goods for the hirer);
(e) an arrangement for the use of goods the provision of which is incidental and ancillary to the provision of a service if the provision of the goods is solely to enable the contractual provision of the service;
(f) an arrangement made between related bodies corporate;
(g) an arrangement under which a motor vehicle is subleased by an employee to an employer in connection with the employee's remuneration or other employment benefits;
(h) an arrangement for the use, by a person who is partially or totally incapacitated, of an invalid aid or prosthetic device or of any similar aid, device or appliance;
S. 132(i) amended by No. 11/2010 s. 42(1).
(i) a credit contract within the meaning of the Consumer Credit (Victoria) Code as in force before its repeal under which the amount of credit does not exceed $35 000;
(j) a hire purchase agreement relating to the use of farm machinery or a commercial vehicle where the purchaser is a natural person;
(k) an arrangement relating to the use of—
(i) a book; or
(ii) an electricity, gas or water meter; or
(iii) a caravan that is to remain on site.