3Definitions

3 Definitions (1) In this Act— S. 3(1) def. of *associate* inserted by No. 44/1997 s. 36(1)(a), amended by Nos 101/1998 s. 12(a) 27/2001 s. 8(Sch. 6 item 7.1(b)). ***associate***, in relation to a person, means— (a) a spouse or domestic partner of the person, other than a spouse or domestic partner— (i) who is not, and has never been, involved in the person's business as a second-hand dealer or pawnbroker; or (ii) who will not be involved in the person's proposed business as a second-hand dealer or pawnbroker; or (b) a business partner of the person; or (c) a participant in a business arrangement or relationship with the person in respect of a second-hand dealing or pawnbroking business; S. 3(1) def. of *auctioneer* inserted by No. 84/2001 s. 12(1). ***auctioneer*** means any person— (a) who sells or attempts to sell or offer for sale or resale any goods by way of auction; or (b) who acquires any goods for sale by auction. S. 3(1) def. of *Authority* inserted by No. 52/1998 s. 249(1). ***Authority*** means the Business Licensing Authority established under the **Business Licensing Authority Act 1998**; S. 3(1) def. of *computer* inserted by No. 82/2008 s. 20. ***computer*** means a machine that is capable of recording or storing information electronically; S. 3(1) def. of *Consumer Act* inserted by No. 93/2001 s. 5, amended by No. 21/2012 s. 239(Sch. 6 item 41.1). ***Consumer Act*** has the same meaning as it has in the **Australian Consumer Law and Fair Trading Act 2012**; ***Council*** means a municipal council, and includes the Council of the City of Melbourne and the Council of the City of Geelong; S. 3(1) def. of *Director* inserted by No. 52/1998 s. 249(1), substituted by No. 17/1999 s. 46, amended by No. 21/2012 s. 239(Sch. 6 item 41.2). ***Director*** means the Director within the meaning of the **Australian Consumer Law and Fair Trading Act 2012**; S. 3(1) def. of *disqualifying offence* inserted by No. 44/1997 s. 36(1)(a). ***disqualifying offence*** means an offence involving fraud, dishonesty, violence or drug trafficking punishable on conviction by— (a) in the case of a natural person, imprisonment for 3 months or more (whether or not in addition to a fine); or (b) in the case of a body corporate, a fine of 100 penalty units or more; S. 3(1) def. of *domestic partner* inserted by No. 27/2001 s. 8(Sch. 6 item 7.1(a)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 55.1). ***domestic partner*** of a person means— (a) a person who is in a registered relationship with the person; or (b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person— (i) for fee or reward; or (ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation); S. 3(1) def. of *e-currency* inserted by No. 45/2017 s. 21(a). ***e-currency*** has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 of the Commonwealth; S. 3(1) def. of *endorsed pawnbroker* inserted by No. 93/2001 s. 5. ***endorsed pawnbroker*** means a person whose registration is endorsed under Part 2; S. 3(1) def. of *endorsement* inserted by No. 93/2001 s. 5. ***endorsement*** means endorsement under Part 2 to carry on business as a pawnbroker; S. 3(1) def. of *externally-administered corporation* inserted by No. 44/1997 s. 36(1)(a), substituted as *externally-administered body corporate* by No. 101/1998 s. 12(b), amended by No. 44/2001 s. 3(Sch. item 101.1). ***externally-administered body corporate*** has the same meaning as in the Corporations Act; S. 3(1) def. of *financial institution* inserted by No. 93/2001 s. 5. ***financial institution*** means— (a) an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth; or (b) a body approved by the Governor in Council by order published in the Government Gazette; S. 3(1) def. of *insolvent under administration* inserted by No. 44/1997 s. 36(1)(a), substituted by No. 101/1998 s. 12(c), repealed by No. 4/2008 s. 32(Sch. item 30). S. 3(1) def. of *inspector* inserted by No. 93/2001 s. 5, amended by No. 21/2012 s. 239(Sch. 6 item 41.3). ***inspector*** means an inspector appointed under the **Australian Consumer Law and Fair Trading Act 2012**; S. 3(1) def. of *interim closure notice* inserted by No. 3/2019 s. 23. ***interim closure notice*** means a notice issued under section 26ZT(1); S. 3(1) def. of *long-term closure order* inserted by No. 3/2019 s. 23. ***long-term closure order*** means an order made under section 26ZU(4); S. 3(1) def. of *motor vehicle* inserted by No. 45/2017 s. 21(a). ***motor vehicle*** means— (a) a motor vehicle within the meaning of the **Road Safety Act 1986**, whether or not in working condition or complete; or (b) the body, engine or chassis of a motor vehicle; S. 3(1) def. of *occupier* inserted by No. 93/2001 s. 5. ***occupier***, in relation to premises, means a person who appears to be of or over 16 years of age and who appears to be in control of the premises; ***pawnbroker*** means a person who carries on the business of advancing money on the security of pledged goods; S. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 150.1). ***police officer*** has the same meaning as in the **Victoria Police Act 2013**; S. 3(1) def. of *registered second-hand dealer* inserted by No. 93/2001 s. 5. ***registered second-hand dealer*** means a person registered under Part 2; S. 3(1) def. of *Registrar* inserted by No. 52/1998 s. 249(1). ***Registrar*** means the Registrar of the Authority appointed under the **Business Licensing Authority Act 1998**; S. 3(1) def. of *registration* inserted by No. 93/2001 s. 5. ***registration*** means registration under Part 2 to carry on business as a second-hand dealer; S. 3(1) def. of *scrap metal* inserted by No. 45/2017 s. 21(a). ***scrap metal*** means any thing of commercial value that— (a) is made from or contains metal; and (b) is sold or obtained as scrap for recycling or reprocessing of the metal— but does not include any thing prescribed not to be scrap metal; S. 3(1) def. of *second-hand dealer* amended by No. 44/1997 s. 36(1)(b). ***second-hand dealer*** means a person who carries on the business of buying, selling, exchanging or otherwise dealing in second‑hand goods, whether or not he or she deals in other goods and regardless of where goods are bought; ***second-hand goods*** means any goods which have been worn or otherwise used; S. 3(1) def. of *Secretary* inserted by No. 44/1997 s. 36(1)(a), repealed by No. 52/1998 s. 249(2). S. 3(1) def. of *serious criminal offence* inserted by No. 3/2019 s. 23. ***serious criminal offence*** means an offence committed in Victoria that is punishable by a term of imprisonment of 2 years or more; S. 3(1) def. of *spouse* inserted by No. 27/2001 s. 8(Sch. 6 item 7.1(a)). ***spouse*** of a person means a person to whom the person is married; S. 3(1) def. of *Tribunal* inserted by No. 52/1998 s. 249(1), amended by No. 45/2017 s. 21(b). ***Tribunal*** means Victorian Civil and Administrative Tribunal established by the **Victorian Civil and Administrative Tribunal Act 1998**; S. 3(1) def. of *vehicle identifier* inserted by No. 45/2017 s. 21(a). ***vehicle identifier*** has the same meaning as in the **Road Safety Act 1986**. (2) For the purposes of this Act— S. 3(2)(a) amended by No. 44/1997 s. 36(2). (a) a person shall be deemed to have advanced money on the security of pledged goods, and to have received the goods in pawn, if he or she receives them under a contract for their sale under or in conjunction with which he or she gives the vendor the right to repurchase the goods (commonly known as a "buy back"); and (b) in such a case, the price at which the goods are sold shall be deemed to be the principal sum advanced and the difference between that amount and the price at which the goods may be repurchased shall be deemed to be the total amount of interest payable. S. 3(3) inserted by No. 27/2001 s. 8(Sch. 6 item 7.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 55.2). (3) For the purposes of the definition of ***domestic partner*** in subsection (1)— (a) ***registered relationship*** has the same meaning as in the **Relationships Act 2008**; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case; and (c) a person is not a domestic partner of another person only because they are co-tenants.