Queensland Consolidated Acts

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FAIR TRADING ACT 1989 - SECT 5

Definitions

5 Definitions

In this Act—

"ACL(Q)" means the Australian Consumer Law (Queensland).

"acquire" , in relation to services, includes accept.

"application law" , for part 3 , see section 14 (1) .

"approved form" ...

"assistant commissioner" ...

"auction" ...

"Australian Consumer Law (Queensland)" means the Australian Consumer Law (Queensland) as provided for in part 3 .

"Australian Consumer Law text" see section 14 (1) .

"bureau" ...

"business" ...

"code of practice" means a code of practice prescribed by regulation under section 88A .

"commissioner" means the commissioner for fair trading.

"committee" ...

"Competition and Consumer Act" means the Competition and Consumer Act 2010 (Cwlth) .

"component part" ...

"consumer" has the same meaning as it has in the Australian Consumer Law (Queensland).

"consumer contract" has the same meaning as it has in the Australian Consumer Law (Queensland).

"council" ...

"court" ...

"credit" ...

"District Court" means the District Court of Queensland.

"embargo notice" see section 39 (1) .

"embargo period" , for an embargo notice, means the period stated in the embargo notice under section 39 (4) (c) or (d) .

"evidential burden" , in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.

"executive officer" , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

"extended application" see section 56 (1) .

"FTA consumer offence provision" means—

(a) section 84 (1) ; or
(b) section 86 .

"FTA offence provision" means—
(a) an FTA consumer offence provision; or
(b) section 45 ; or
(c) section 47 ; or
(d) section 90 (4) ; or
(e) section 91 ; or
(f) section 92 (1) (b) , (c) , (d) or (e) ; or
(g) section 92B ; or
(h) section 104 ; or
(i) section 105 .

"giving effect to" ...

"goods" has the same meaning as it has in the Australian Consumer Law (Queensland).

"hire-purchase agreement" ...

"infringement notice" means an infringement notice issued under section 31 (1) .

"infringement notice compliance period" see section 36 (1) .

"infringement notice provision" see section 31 (2) .

"inspector" means—
(a) the commissioner; or
(b) an inspector appointed for the purposes of this Act.

"instrument" , for part 3 , see section 14 (1) .

"interest" ...

"Intergovernmental Agreement" , for part 3 , see section 14 (1) .

"involved" , in relation to a contravention, or conduct that constitutes a contravention, of a provision of this Act, has the same meaning as it has in the Australian Consumer Law (Queensland) in relation to a contravention, or conduct that constitutes a contravention, of a provision of that law.

"jurisdiction" see section 14 (1) .

"law" , for part 3 , see section 14 (1) .

"listed corporation" has the meaning given by the Corporations Act , section 9 .

"Magistrates Court" has the meaning given by the Acts Interpretation Act 1954 , schedule 1 .
Note—
The Competition and Consumer Act confers jurisdiction on the Federal Magistrates Court for particular matters arising under the Australian Consumer Law applying as a law of the Commonwealth, but that court does not have jurisdiction in relation to matters arising under the Australian Consumer Law (Queensland).

"Minister" ...

"modifications" , for part 3 , see section 14 (1) .

"month" , for part 3 , see section 14 (1) .

"office" ...

"participating jurisdiction" , for part 3 , see section 14 (1) .

"premises" has the same meaning as it has in the Australian Consumer Law (Queensland).

"price" ...

"product related service" has the same meaning as it has in the Australian Consumer Law (Queensland).

"provision" ...

"published" , in relation to a statement, includes—
(a) inserted in a publication; and
(b) publicly exhibited in any place; and
(c) contained in a document or other thing capable of providing information that is given or sent to any person or left at the person’s address; and
(d) broadcast by radio or television or otherwise publicly announced by any means; and
(e) reproduced electronically.

"records" includes any record of information however compiled, recorded or stored and any books, documents or writings.

"send" includes deliver.

"services" has the same meaning as it has in the Australian Consumer Law (Queensland).

"shoes" ...

"small claims tribunal" ...

"sole" ...

"State" , for part 3 , see section 14 (1) .

"supply" has the same meaning as it has in the Australian Consumer Law (Queensland).

"Supreme Court" means the Supreme Court of Queensland.

"Territory" , for part 3 , see section 14 (1) .

"the tribunal" means QCAT.

"this jurisdiction" , for part 3 , see section 14 (1) .

"TPA" ...

"trade or commerce" has the same meaning as it has in the Australian Consumer Law (Queensland).

"unsolicited goods" ...

"unsolicited services" ...



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