Competition and Consumer Act - Australia

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effect to, in relation to a provision of a contract, arrangement or understanding, includes do an act or thing in pursuance of or in accordance with or enforce or purport to enforce.

      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; and

      (d) gas and electricity.

      member of the Commission includes the Chairperson and a person appointed to act as a member of the Commission but does not include an associate member of the Commission.

      member of the Tribunal includes the President and a person appointed to act as a member of the Tribunal.

      New Zealand Commerce Commission means the Commission established by section 8 of the Commerce Act 1986 of New Zealand.

      New Zealand Crown corporation means a body corporate that is an instrument of the Crown in respect of the Government of New Zealand.

      organisation of employees means an organisation that exists or is carried on for the purpose, or for purposes that include the purpose, of furthering the interests of its members in relation to their employment.

      personal injury includes:

      (a) pre-natal injury; or

      (b) impairment of a person’s physical or mental condition; or

      (c) disease;

      but does not include an impairment of a person’s mental condition unless the impairment consists of a recognised psychiatric illness.

      practice of exclusive dealing means the practice of exclusive dealing referred to in subsection 47(2), (3), (4), (5), (6), (7), (8) or (9).

      practice of resale price maintenance means the practice of resale price maintenance referred to in Part VIII.

      President means the President of the Tribunal and includes a person appointed to act as President of the Tribunal.

      presidential member or presidential member of the Tribunal means the President or a Deputy President.

      price includes a charge of any description.

      provision, in relation to an understanding, means any matter forming part of the understanding.

      Registrar means the Registrar of the Tribunal.

      require, in relation to the giving of a covenant, means require or demand the giving of a covenant, whether by way of making a contract containing the covenant or otherwise, and whether or not a covenant is given in pursuance of the requirement or demand.

      send includes deliver, and sent and sender have corresponding meanings.

      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;

      (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;

      (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.

      share includes stock.

      South Australian Electricity Legislation means:

      (a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time; and

      (b) any regulations, as in force from time to time, made under Part 4 of that Act.

      The reference in paragraph (a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.

      South Australian Gas Legislation means:

      (a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time; and

      (b) any regulations, as in force from time to time, made under Part 3 of that Act.

      The reference in paragraph (a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.

      State/Territory AER member means an AER member referred to in section 44AP.

      State/Territory energy law means any of the following laws:

      (a) a uniform energy law that applies as a law of a State or Territory;

      (b) a law of a State or Territory that applies a law mentioned in paragraph (a) as a law of its own jurisdiction;

      (c) any other provisions of a law of a State or Territory that:

      (i) relate to energy; and

      (ii) are prescribed by the regulations for the purposes of this paragraph;

      being those provisions as in force from time to time.

      supply, when used as a verb, 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;

      and, when used as a noun, has a corresponding meaning, and supplied and supplier have corresponding meanings.

      Telstra has the same meaning as in the Telstra Corporation Act 1991.

      Territory means:

      (a) an internal Territory; or

      (b) the Territory of Christmas Island; or

      (c) the Territory of Cocos (Keeling) Islands.

      the Court or the Federal Court means the Federal Court of Australia.

      the Family Court means the Family Court of Australia.

      this Act includes Schedule 2 to the extent that it is applied under Subdivision A of Division 2 of Part XI.

      trade or commerce means trade or commerce within Australia or between Australia and places outside Australia.

      trading corporation means a trading corporation within the meaning of paragraph 51(xx) of the Constitution.

      Tribunal

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