3Interpretation

3 Interpretation

(1) In this Act, unless the contrary intention appears:

agreement means any agreement, arrangement or understanding:

(a) whether formal or informal or partly formal and partly informal;
(b) whether written or oral or partly written and partly oral; and
(c) whether or not having legal or equitable force and whether or not based on legal or equitable rights.

business day, in relation to entering into a franchise agreement, means a day other than:

(a) a Saturday or a Sunday; or
(b) a day that is a public holiday in the place where the person proposing to be the franchisee resides.

child, in relation to a person, includes an adopted child, a step‑child or an ex‑nuptial child of that person.

commencement, in relation to an agreement, means the day on which the agreement comes into effect.

contravention, in relation to a provision of this Act or any other law, includes a failure to comply with that provision.

corporation means:

(a) a body corporate that is a foreign corporation;
(b) a body corporate that is a trading corporation formed within the limits of the Commonwealth;
(c) a body corporate that is incorporated in an internal Territory; or
(d) a body corporate that is related to a body corporate of a kind referred to in paragraph (a), (b) or (c).

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 authorized to act in the position.

foreign corporation means a foreign corporation within the meaning of paragraph 51(xx) of the Constitution, and includes a body corporate that is incorporated in an external Territory.

franchise agreement means an agreement (other than an agreement between bodies corporate that are related to each other) containing:

(a) provisions, whether express or implied, under or by virtue of which a corporation (in this Act referred to as the franchisor) authorizes, permits or requires a person, being another party to the agreement (in this Act referred to as the franchisee), to use, in connection with the retail sale of motor fuel by that person at the premises to which the agreement relates, a mark identifying, commonly associated with, or controlled by, that corporation or a related corporation;
(b) provisions, whether express or implied, under or by virtue of which a corporation (in this Act referred to as the franchisor) grants a right to, or otherwise authorizes or permits, a person, being another party to the agreement (in this Act referred to as the franchisee), to possess, occupy or use the premises to which the agreement relates in connection with the retail sale of motor fuel by that person at those premises; or
(c) provisions, whether express or implied, under or by virtue of which:
(i) a corporation (in this Act referred to as the franchisor) is accustomed, entitled or required to supply motor fuel to a person, being another party to the agreement (in this Act referred to as the franchisee), for retail sale by that person at the premises to which the agreement relates; or
(ii) a person (in this Act referred to as the franchisee) agrees with a corporation (in this Act referred to as the franchisor) to acquire motor fuel from another person (whether a party to the agreement or not) for retail sale by the first‑mentioned person at the premises to which the agreement relates.