Competition and Consumer Act - Australia

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that is a party to a dual listed company arrangement is taken to be related to the other body corporate that is a party to the arrangement; and

      (b) a body corporate that is related to one of the parties to the arrangement is taken to be related to the other party to the arrangement; and

      (c) a body corporate that is related to one of the parties to the arrangement is taken to be related to each body corporate that is related to the other party to the arrangement.

      (6) In proceedings under this Act, whether in the Court or before the Tribunal or the Commission, it shall be presumed, unless the contrary is established, that bodies corporate are not, or were not at a particular time, related to each other.

      4B Consumers

      (1) For the purposes of this Act, unless the contrary intention appears:

      (a) a person shall be taken to have acquired particular goods as a consumer if, and only if:

      (i) the price of the goods did not exceed the prescribed amount; or

      (ii) where that price exceeded the prescribed amount — the goods were of a kind ordinarily acquired for personal, domestic or household use or consumption or the goods consisted of a commercial road vehicle;

      and the person did not acquire the goods, or hold himself or herself out as acquiring the goods, for the purpose of re-supply or for the purpose of using them up or transforming them, in trade or commerce, in the course of a process of production or manufacture or of repairing or treating other goods or fixtures on land; and

      (b) a person shall be taken to have acquired particular services as a consumer if, and only if:

      (i) the price of the services did not exceed the prescribed amount; or

      (ii) where that price exceeded the prescribed amount — the services were of a kind ordinarily acquired for personal, domestic or household use or consumption.

      (2) For the purposes of subsection (1):

      (a) the prescribed amount is $40,000 or, if a greater amount is prescribed for the purposes of this paragraph, that greater amount;

      (b) subject to paragraph (c), the price of goods or services purchased by a person shall be taken to have been the amount paid or payable by the person for the goods or services;

      (c) where a person purchased goods or services together with other property or services, or with both other property and services, and a specified price was not allocated to the goods or services in the contract under which they were purchased, the price of the goods or services shall be taken to have been:

      (i) the price at which, at the time of the acquisition, the person could have purchased from the supplier the goods or services without the other property or services;

      (ii) if, at the time of the acquisition, the goods or services were not available for purchase from the supplier except together with the other property or services but, at that time, goods or services of the kind acquired were available for purchase from another supplier without other property or services — the lowest price at which the person could, at that time, reasonably have purchased goods or services of that kind from another supplier; or

      (iii) if, at the time of the acquisition, goods or services of the kind acquired were not available for purchase from any supplier except together with other property or services — the value of the goods or services at that time;

      (d) where a person acquired goods or services otherwise than by way of purchase, the price of the goods or services shall be taken to have been:

      (i) the price at which, at the time of the acquisition, the person could have purchased the goods or services from the supplier;

      (ii) if, at the time of the acquisition, the goods or services were not available for purchase from the supplier or were so available only together with other property or services but, at that time, goods or services of the kind acquired were available for purchase from another supplier — the lowest price at which the person could, at that time, reasonably have purchased goods or services of that kind from another supplier; or

      (iii) if goods or services of the kind acquired were not available, at the time of the acquisition, for purchase from any supplier or were not so available except together with other property or services — the value of the goods or services at that time; and

      (e) without limiting by implication the meaning of the expression services in subsection 4(1), the obtaining of credit by a person in connection with the acquisition of goods or services by him or her shall be deemed to be the acquisition by him or her of a service and any amount by which the amount paid or payable by him or her for the goods or services is increased by reason of his or her so obtaining credit shall be deemed to be paid or payable by him or her for that service.

      (3) Where it is alleged in any proceeding under this Act or in any other proceeding in respect of a matter arising under this Act that a person was a consumer in relation to particular goods or services, it shall be presumed, unless the contrary is established, that the person was a consumer in relation to those goods or services.

      (4) In this section, commercial road vehicle means a vehicle or trailer acquired for use principally in the transport of goods on public roads.

      4C Acquisition, supply and re-supply

      In this Act, unless the contrary intention appears:

      (a) a reference to the acquisition of goods includes a reference to the acquisition of property in, or rights in relation to, goods in pursuance of a supply of the goods;

      (b) a reference to the supply or acquisition of goods or services includes a reference to agreeing to supply or acquire goods or services;

      (c) a reference to the supply or acquisition of goods includes a reference to the supply or acquisition of goods together with other property or services, or both;

      (d) a reference to the supply or acquisition of services includes a reference to the supply or acquisition of services together with property or other services, or both;

      (e) a reference to the re-supply of goods acquired from a person includes a reference to:

      (i) a supply of the goods to another person in an altered form or condition; and

      (ii) a supply to another person of goods in which the first-mentioned goods have been incorporated;

      (f) a reference to the re-supply of services (the original services) acquired from a person (the original supplier) includes a reference to:

      (i) a supply of the original services to another person in an altered form or condition; and

      (ii) a supply to another person of other services that are substantially similar to the original services, and could not have been supplied if the original services had not been acquired by the person who acquired them from the original supplier.

      4D Exclusionary provisions

      (1) A provision of a contract, arrangement or understanding, or of a proposed contract, arrangement or understanding, shall be taken to be an exclusionary provision for the purposes of this Act if:

      (a) the contract or arrangement was made, or the understanding was arrived at, or the proposed contract or arrangement is to be made, or the proposed understanding is to be arrived at, between persons any 2 or more of whom are competitive with each other; and

      (b) the provision has the purpose of preventing, restricting or limiting:

      (i) the supply of goods or services to, or the acquisition of goods or services from, particular persons or classes of persons; or

      (ii) the supply of goods or services to, or the acquisition of goods or services from, particular persons or classes of persons in particular circumstances or on particular conditions;

      by all or any of the parties to the contract, arrangement or understanding

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