562GOVERNMENT GAZETTE, WA 1 May 2025

562 GOVERNMENT GAZETTE, WA 1 May 2025 7.6 Retailer taken to own trolley In the absence of any proof to the contrary, a shopping trolley is to be taken to belong to a retailer whose name is marked on the trolley. PART 8—TRADING IN THOROUGHFARES AND PUBLIC PLACES Division 1—Stallholders and traders Subdivision 1—Preliminary 8.1 Interpretation In this Division, unless the context otherwise requires— “Competition Principles Agreement” means the Competition Principles Agreement executed by each State and Territory of the Commonwealth and the Commonwealth of Australia on 11 April 1995; “public place” includes— (a) any thoroughfare or place which the public are allowed to use whether or not the thoroughfare or place is on private property; and (b) local government property, but does not include premises on private property from which trading is lawfully conducted under a written law. “stall” means a movable or temporarily fixed structure, stand or table in, on or from which goods or services are sold, hired or offered for sale or hire; “stallholder” means a person in charge of a stall; “stallholder’s permit” means a permit issued to a stallholder; “trader” means a person who carries on trading; “trader’s permit” means a permit issued to a trader; and “trading” includes— (a) the selling or hiring of, the offering for sale or hire of or the soliciting of orders for goods or services in a public place; (b) displaying goods in any public place for the purpose of— (i) offering them for sale or hire; (ii) inviting offers for their sale or hire; (iii) soliciting orders for them; or (iv) carrying out any other transaction in relation to them; and (c) the going from place to place, whether or not public places, and— (i) offering goods or services for sale or hire; or (ii) inviting offers or soliciting orders for the sale or the hire of goods or services, but does not include— (d) the delivery of pre-ordered goods of services to the purchaser of those goods or services or to the person nominated by the purchaser of those goods or services whether or not payment for those goods or services is accepted on delivery; or the taking of further orders for goods or services from the purchaser of those pre-ordered goods or services or from the person nominated by the purchaser of those pre-ordered goods or services when those orders are taken at the same time as a previous order is being delivered, whether or not payment is made for those goods or services at the time of taking the order; (e) the setting up of a stall or the conducting of a business at a stall under the authority of a stallholder’s permit; (f) the selling or the offering for sale of goods and services to, or the soliciting of orders for goods and services from a person who sells those goods or services; (g) the selling or the offering for sale or hire by a person of goods of her or his own manufacture or services which he or she provides; and (h) the selling or hiring or the offering for sale or hire of— (i) goods by a person who represents a manufacturer of the goods; or (ii) services by a person who represents a provider of the services, which are only sold directly to consumers and not through a shop.