South Australian Consolidated Acts

FAIR TRADING ACT 1987 - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"application law" means—

            (a)         a law of a participating jurisdiction that applies the Australian Consumer Law, either with or without modifications, as a law of the participating jurisdiction; or

            (b)         any regulations or other legislative instrument made under a law described in paragraph (a); or

            (c)         the Australian Consumer Law, applying as a law of the participating jurisdiction, either with or without modifications;

"Australian Consumer Law" means (according to the context)—

            (a)         the Australian Consumer Law text; or

            (b)         the Australian Consumer Law text, applying as a law of a participating jurisdiction, either with or without modifications;

"Australian Consumer Law (SA)"—see section 14(1)(b);

"Australian Consumer Law text" means the text described in section 13;

"authorised officer" means a person who is an authorised officer under Part 7 Division 1A;

"Commissioner for Consumer Affairs" means the person holding or acting in the office of Commissioner for Consumer Affairs;

"Competition and Consumer Act" means the Competition and Consumer Act 2010 of the Commonwealth;

"consumer affairs authority" means—

            (a)         the Commissioner for Consumer Affairs; or

            (b)         a person or authority that has, under a law of another jurisdiction, powers and functions similar to those of the Commissioner for Consumer Affairs;

"contravene" includes fail to comply;

"District Court" means the Administrative and Disciplinary Division of the District Court;

"instrument" means any document whatever, including the following:

            (a)         an Act or an instrument made under an Act;

            (b)         a law of this jurisdiction or an instrument made under such a law;

            (c)         an award or other industrial determination or order, or an industrial agreement;

            (d)         any other order (whether executive, judicial or otherwise);

            (e)         a notice, certificate or licence;

            (f)         an agreement;

            (g)         an application made, information or complaint laid, affidavit sworn, or warrant issued, for any purpose;

            (h)         an indictment, presentment, summons or writ;

                  (i)         any other pleading in, or process issued in connection with, a legal or other proceeding;

"Intergovernmental Agreement" means the Intergovernmental Agreement for the Australian Consumer Law made on 2 July 2009 between the Commonwealth, the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania, the Australian Capital Territory and the Northern Territory of Australia, as in force for the time being;

"involved"—a person is involved, in a contravention of a provision of this Act or in conduct that constitutes such a contravention, if the person—

            (a)         has aided, abetted, counselled or procured the contravention; or

            (b)         has induced, whether by threats or promises or otherwise, the contravention; or

            (c)         has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or

            (d)         has conspired with others to effect the contravention;

"jurisdiction" means a State or the Commonwealth;

"law", in relation to a Territory, means a law of, or in force in, that Territory;

"Magistrates Court" means the Civil (Consumer and Business) Division of the Magistrates Court;

"modifications" includes additions, omissions and substitutions;

"participating jurisdiction" means a jurisdiction that is a party to the Intergovernmental Agreement and applies the Australian Consumer Law as a law of the jurisdiction, either with or without modifications;

"related Act" means an Act or a provision of an Act—

            (a)         of which the Commissioner for Consumer Affairs or the Small Business Commissioner is stated, in that Act, to have the administration; or

            (b)         that is prescribed by the regulations to be a related Act;

"Small Business Commissioner" means the person holding or acting in the office of Small Business Commissioner;

"State" includes a Territory;

"Territory" means the Australian Capital Territory or the Northern Territory of Australia;

"this jurisdiction" means South Australia;

"trader" means a person who in the course of a business—

            (a)         supplies, or offers to supply, goods or services; or

            (b)         sells or lets, or offers to sell or let, premises;

"trading debt" means a debt owed to a trader.

        (2)         A reference in this Act to the supply of goods or services extends to the supply of both goods and services.

        (3)         The regulations may exclude a person, or a class of persons, from the ambit of the definition of "consumer" for the purposes of this Act or a specified provision of this Act (other than the Australian Consumer Law (SA)).

        (4)         Terms used in this Act and also in the Australian Consumer Law (SA) have, unless the contrary intention appears, the same meanings in this Act as they have in that Law.

        (5)         For the purposes of this Act—

            (a)         a jurisdiction is taken to have applied the Australian Consumer Law as a law of the jurisdiction if a law of the jurisdiction substantially corresponds to the provisions of the Australian Consumer Law text, as in force from time to time; and

            (b)         that corresponding law is taken to be the Australian Consumer Law, or the Australian Consumer Law text, applying as a law of that jurisdiction.