• Any

4. (1) In this Act, unless the contrary intention appears-"authorization" means anauthorization under Division 1 of Part VII granted bytheCommission or by theTribunal on a review of a determination of theCommission;"Chairman" means theChairman of theCommission and includes aperson actingasChairman of theCommission;"commencing date" means the date fixed under sub-section 2 (3);"Commission" means the Trade PracticesCommission established by this Act, andincludes a member of thatCommission or a Division of thatCommissionperforming functions of thatCommission;"Companies Ordinance" means the Companies Ordinance 1962-1974 of theAustralian CapitalTerritory;"competition" includescompetition from importedgoods or fromservicesrendered bypersons not resident or not carrying on business in Australia;"conduct", when used as a noun, includes doing, refusing to do, or refrainingfrom doing, any act, including making a contract or arrangement or enteringinto an understanding;"corporation" means a body corporate that-   (a)  is aforeign corporation;   (b)  is atrading corporation formed within the limits of Australia or is afinancial corporation so formed;   (c)  is incorporated in aTerritory; or   (d)  is the holding company of a body corporate of a kind referred to in        paragraph (a), (b) or (c);"Court" means the SuperiorCourt of Australia;"Deputy Chairman" means theDeputy Chairman of theCommission;"Deputy President" means aDeputy President of theTribunal, and includes aperson appointed to act as aDeputy President of theTribunal;"Deputy Registrar" means aDeputy Registrar of theTribunal, and includes aperson appointed to act as aDeputy Registrar of theTribunal;"document" includes-   (a)  a book, plan, paper, parchment or other material on which there is        writing or printing, or on which there are marks, symbols or        perforations having a meaning forpersons qualified to interpret them;        and   (b)  a disc, tape, paper or other device from which sounds or messages are        capable of being reproduced;"engage in conduct" includes do, refuse to do, or refrain from doing, any act,including the making of a contract or arrangement or the entering into anunderstanding, and "engaging in conduct" has a corresponding meaning;"financial corporation" means afinancial corporation within the meaning ofparagraph 51 (xx) of the Constitution and includes a body corporate thatcarries on the business of banking or insurance as its sole or principalbusiness;"foreign corporation" means aforeign corporation within the meaning ofparagraph 51 (xx) of the Constitution and includes a body corporate that isincorporated in an externalTerritory;"full-time member of the Commission" means amember of the Commission who isappointed as afull-time member of the Commission;"give effect to", in relation to a contract, arrangement or understanding,includes do an act or thing in pursuance of or in accordance with or enforceor 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;"market" means amarket in Australia;"meeting", in relation to theCommission, includes a public hearing held bytheCommission;"member of the Commission" includes theChairman and aperson appointed to actas amember of the Commission;"member of the Tribunal" includes thePresident and aperson appointed to actas amember of the Tribunal;"person" includes a body corporate, whether acorporation or not, as well as anaturalperson;"practice of exclusive dealing" means thepractice of exclusive dealingreferred to in sub-section 47 (2), (3) or (4);"practice of resale price maintenance" means thepractice of resale pricemaintenance referred to in Part VIII;"President" means thePresident of theTribunal and includes apersonappointed to act asPresident of theTribunal;"presidential member" or "presidential member of the Tribunal" meansPresidentor aDeputy President;"price" includes a charge of any description;"Registrar" means theRegistrar of theTribunal and includes apersonappointed to act as theRegistrar of theTribunal;"send" includes deliver, and "sent" and "sender" have corresponding meanings;"services" includes, without limiting the generality of that expression, therights or benefits that are to be provided under-   (a)  a contract for-        (i)    the performance of work (including work of a professional               nature but not including work under a contract of service),               whether with or without thesupply ofgoods;        (ii)   the provision of, or of the use or enjoyment of facilities for,               amusement, entertainment, recreation or instruction; or        (iii)  the conferring of rights or privileges for which remuneration               is payable in the form of a royalty, tribute, levy or similar               exaction;   (b)  a contract of insurance; or   (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 any other contract for or in relation to the loan of        moneys;"share" includes an interest in ashare, and also includes stock or aninterest in stock;"special price", in relation to an advertisement for thesupply ofgoods orservices, means-   (a)  aprice that is represented in the advertisement to be a special or        bargainprice, by reference to an ordinaryprice or otherwise; or   (b)  aprice that aperson who reads, hears or sees the advertisement would        reasonably understand to be a special or bargainprice having regard        to theprices at which thegoods orservices advertised or likegoods        orservices are ordinarilysupplied;"supply", when used as a verb, includes-   (a)  in relation togoods-supply (including re-supply) by way of sale,        exchange, lease, hire or hire-purchase; and   (b)  in relation toservices-provide, grant or confer,    and, when used as a noun, has a corresponding meaning, and "supplied" and"supplier" have corresponding meanings;"Territory" means an internalTerritory;"trade or commerce" meanstrade or commerce within Australia or betweenAustralia and places outside Australia;"trading corporation" means atrading corporation within the meaning ofparagraph 51 (xx) of the Constitution;"Tribunal" means the Trade PracticesTribunal continued in existence by thisAct, and includes a member of thatTribunal or a Division of thatTribunalperforming functions of thatTribunal;"unsolicited goods" meansgoodssent to aperson without any request made byhim or on his behalf.(2) For the purposes of this Act-   (a)  the question whether a body corporate is the holding company of        another body corporate shall be determined in the same manner as the        question whether acorporation is the holding company of anothercorporation is determined under the Companies Ordinance; and   (b)  the question whethercorporations or other bodies corporate are        related to each other shall be determined in the same manner as the        question whethercorporations are related to each other is determined        under the Companies Ordinance.(3) For the purposes of this Act, unless the contrary intention appears-   (a)  aperson who acquiresgoods shall be taken to be a consumer of thegoods if thegoods are of a kind ordinarily acquired for private use        or consumption and theperson does not acquire thegoods or hold        himself out as acquiring thegoods for the purposes of re-supply; and   (b)  aperson who acquiresservices shall be taken to be a consumer of theservices if theservices are of a kind ordinarily acquired for private        use or consumption and theperson does not acquire theservices for        the purposes of, or in the course of, a profession, business, trade or        occupation or for a public purpose.(4) Where it is alleged in any proceeding under this Act that aperson was aconsumer in relation to particulargoods orservices, it shall be presumed,unless the contrary is established, that theperson was a consumer in relationto thosegoods orservices.