Western Australian Numbered Acts Western Australian Numbered Acts In this
Division —
“business asset” means any of the
following —
(a)
goodwill of a business;
(b) a
restraint of trade arrangement for a business;
(c) a
business identity;
(d) a
business licence;
(e) a
right of a business under an uncompleted agreement to supply commodities or
provide services;
(f)
intellectual property of a business;
(g)
things that a business has that are in the nature of rent rolls and client
lists,
but does not include a
trade debt;
“business identity” means a business
name, trading name or internet domain name, or a right to use a business name,
trading name or internet domain name;
“business licence” means a licence,
permit or authority which is issued, granted or given under —
(a) a
written law and which is required by a written law to be held by a person
carrying out an activity for gain or reward; or
(b) a
law of the Commonwealth and which is required by a law of the Commonwealth to
be held by a person carrying out an activity in Western Australia for gain or
reward;
“circuit layout right” means an
exclusive right under the Circuit Layouts Act 1989 (Commonwealth) for an
eligible layout under that Act;
“commodities” includes land, money,
credit and goods and any interest in them;
“franchise arrangement” means an
agreement or other
arrangement under which a person (the "franchisor") that carries on a business
authorises or permits another person (the
"franchisee") —
(a) to
engage in the business of producing, supplying or providing commodities or
services, or both, at a place other than the place of business of the
franchisor as long as the franchisee does so under —
(i)
a stated marketing, business or technical plan or system;
and
(ii)
a common format or common procedure, or both;
and
(b) to
use a mark or common trade name in such a way that the business carried on by
the franchisee is or is capable of being identified by the public as being
substantially associated with the mark or name identifying, commonly connected
with or controlled by the franchisor or a person that is a related person to
the franchisor;
“intellectual property” means —
(a) a
patent, trademark, industrial design, copyright, registered design, plant
breeder right or circuit layout right; or
(b)
anything else that has the following characteristics —
(i)
it is in the nature of a strategy, process, procedure,
mode of operation or way of working that enables a commodity or service to be
produced, supplied or provided or that enhances the production, supply,
provision or quality of a commodity or service;
(ii)
it was created, devised or developed to be used for
business purposes or, having been created, devised or developed for other
purposes, has been applied, adapted or modified for use for business purposes;
or
(c) a
right to use or exploit —
(i)
anything mentioned in paragraph (a) or (b); or
(ii)
an adaptation or modification of anything mentioned in
paragraph (a) or (b);
“plant breeder right” means —
(a) a
plant breeder’s right under the Plant Breeder’s Rights
Act 1994 (Commonwealth); or
(b) a
plant breeder’s right corresponding to a right mentioned in
paragraph (a);
“related person” has the meaning given
in section 162;
“restraint of trade arrangement” for a
business means a restraint of trade arrangement which, in the opinion of the
Commissioner, enhances or is likely to enhance the value of the business;
“Western Australian business” , in
relation to a dutiable transaction, means —
(a) a
business that, in the year preceding the transaction has —
(i)
been carried on in or from Western Australia; or
(ii)
supplied commodities or provided services to customers in
Western Australia;
or
(b)
carrying out an activity for gain or reward under a licence referred to in
paragraph (a) of the definition of “business licence”; or
(c)
carrying out an activity in Western Australia for gain or reward under a
licence referred to in paragraph (b) of the definition of “business
licence”;
"Western Australian business asset" means a
business asset of a Western Australian business.
Subdivision 2 — Particular transactions involving
business assets