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Fair Trading (Australian Consumer Law) Act 1992
17Activities that are not business
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17 Activities that are not business
(1) For section 15 and section 16, the following do not amount to carrying
on a business:
(a) imposing or collecting—
(i) taxes; or
(ii) levies; or
(iii) fees for authorisations;
(b) granting, refusing to grant, revoking, suspending or varying
authorisations (whether or not they are subject to conditions);
(c) a transaction involving—
(i) only people who are all acting for the same jurisdiction
(and none of whom is an authority of a State); or
(ii) only people 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.
(2) Subsection (1) does not limit the things that do not amount to carrying
on a business for section 15 and section 16.
Application of Australian Consumer Law to jurisdictions Division 2.4
(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.
authorisation means a licence, permit, certificate or other
authorisation that allows the holder of the authorisation to supply
goods or services.
government body means a State or an authority of a State.
primary products means—
(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.
(4) For this section, an authority of a State is non-commercial if—
(a) it is constituted by only one person; and
(b) it is neither a trading corporation nor a financial corporation.