(1) In this Act, unless the contrary intention appears:
associate member means an associate member of the Commission.
banker includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.
Chairperson means the Chairperson of the Commission.
Commission means the Australian Competition and Consumer Commission established by the Trade Practices Act 1974.
Commonwealth authority means:
(a) the Commonwealth;
(b) an authority, institution or other body (other than a society, association or incorporated company) established for a public purpose by or under a law of the Commonwealth; and
(c) a society, association or incorporated company in which the Commonwealth, or an authority, institution or other body of the kind referred to in paragraph (b), has a controlling interest.
declared person, in relation to goods or services of a particular description, means a person in relation to whom a declaration under paragraph 21(1)(b) in relation to goods or services of that description is in force.
document includes:
(a) a book, plan, paper, parchment or other material on which there is writing or printing, or on which there are marks, symbols or perforations having a meaning for persons qualified to interpret them;
(b) a disc, tape, paper, or other device from which sounds or messages are capable of being reproduced; and
(c) any other record of information.
exempt supply, in relation to goods or services of a particular description, means a supply of goods or services of that description in relation to which a declaration under paragraph 21(1)(c) is in force.
goods includes:
(a) ships, aircraft and other vehicles;
(b) animals, including fish;
(c) minerals, trees and crops, whether on, under or attached to land or not;
(d) water; and
(e) gas and electricity.
inquiry means an inquiry held by the Commission in accordance with Part III into a matter or matters relating to prices for the supply of goods or services.
law of the Commonwealth does not include:
(a) the Northern Territory (Self‑Government) Act 1978;
(b) the Norfolk Island Act 1979; or
(c) a law made under, or continued in force by, an Act referred to in paragraph (a) or (b).
member means:
(a) the Chairperson; or
(b) a member of the Commission other than the Chairperson.
Note: Under subsection 17(5) (which applies subsection 8A(4) of the Trade Practices Act 1974) references to members in provisions conferring powers on the Commission include associate members.
member of the staff of the Commission means a person referred to in subsection 27(1) of the Trade Practices Act 1974 or a person engaged under section 27A of that Act.
National Competition Council means the National Competition Council established by the Trade Practices Act 1974.
notified goods or services means goods or services of a description in relation to which a declaration under paragraph 21(1)(a) is in force.
person includes a Commonwealth authority and a State or Territory authority.
price includes:
(a) a charge of any description; and
(b) in relation to goods or services—any pecuniary benefit, whether direct or indirect, received or to be received by a person for or in connection with the supply by the person of the goods or services.
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 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;
(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 being the supply of goods or the performance of work under a contract of service.
State or Territory authority means:
(a) a State, the Australian Capital Territory or the Northern Territory; or
(b) an authority, institution or other body (except a society, association or incorporated company) established for a public purpose by or under a law of a State, the Australian Capital Territory or the Northern Territory; or
(c) a society, association or incorporated company in which a controlling interest is held by:
(i) a State, the Australian Capital Territory or the Northern Territory; or
(ii) an authority, institution or other body covered by paragraph (b).
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.
(2) In this Act, unless the contrary intention appears:
(a) a reference to the supply of goods or services includes a reference to agreeing to supply goods or services;
(b) a reference to the supply of goods includes a reference to the supply of goods together with other property or services, or both;
(c) a reference to the supply of services includes a reference to the supply of services together with property or other services, or both;
(d) a reference to the supply of goods does not include a reference to:
(i) a supply for use outside Australia;
(ii) a supply for which a price is not charged; or
(iii) any other prescribed supply; and
(e) a reference to the supply of services does not include a reference to:
(i) a supply outside Australia;
(ii) a supply for which a price is not charged; or
(iii) any other prescribed supply.
(3) For the purposes of this Act, a supply by way of retail sale shall be taken not to be a supply on terms and conditions that are the same as, or substantially similar to, the terms and conditions of a supply by way of wholesale sale.