Competition and Consumer Act. Australia

      4 Interpretation

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

      acquire includes:

      (a) in relation to goods — acquire by way of purchase, exchange or taking on lease, on hire or on hire-purchase; and

      (b) in relation to services — accept.

      AEMC or Australian Energy Market Commission means the body established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.

      AER or Australian Energy Regulator means the body established by section 44AE.

      AER Chair means the Chair of the AER.

      AER member means a member of the AER.

      arrive at, in relation to an understanding, includes reach or enter into.

      Australian Consumer Law means Schedule 2 as applied under Subdivision A of Division 2 of Part XI.

      authorisation means:

      (a) an authorisation under Division 1 of Part VII granted by the Commission or by the Tribunal on a review of a determination of the Commission; or

      (b) an authorisation under Division 3 of Part VII granted by the Tribunal.

      authority, in relation to a State or Territory (including an external Territory), means:

      (a) a body corporate established for a purpose of the State or the Territory by or under a law of the State or Territory; or

      (b) an incorporated company in which the State or the Territory, or a body corporate referred to in paragraph (a), has a controlling interest.

      authority of the Commonwealth means:

      (a) a body corporate established for a purpose of the Commonwealth by or under a law of the Commonwealth or a law of a Territory; or

      (b) an incorporated company in which the Commonwealth, or a body corporate referred to in paragraph (a), has a controlling interest.

      banker includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959.

      business includes a business not carried on for profit.

      cartel provision has the meaning given by section 44ZZRD.

      Chairperson means the Chairperson of the Commission.

      clearance means a clearance under Division 3 of Part VII granted by the Commission or by the Tribunal on a review of a determination of the Commission.

      Commission means the Australian Competition and Consumer Commission established by section 6A, and includes a member of the Commission or a Division of the Commission performing functions of the Commission.

      competition includes competition from imported goods or from services rendered by persons not resident or not carrying on business in Australia.

      Competition Principles Agreement means the Competition Principles Agreement made on 11 April 1995 between the Commonwealth, New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory, being that agreement as in force from time to time.

      Conduct Code Agreement means the Conduct Code Agreement made on 11 April 1995 between the Commonwealth, New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory, being that agreement as in force from time to time.

      corporation means a body corporate that:

      (a) is a foreign corporation;

      (b) is a trading corporation formed within the limits of Australia or is a financial corporation so formed;

      (c) is incorporated in a Territory; or

      (d) is the holding company of a body corporate of a kind referred to in paragraph (a), (b) or (c).

      Council means the National Competition Council established by section 29A.

      Councillor means a member of the Council, including the Council President.

      Council President means the Council President referred to in subsection 29C(1).

      covenant means a covenant (including a promise not under seal) annexed to or running with an estate or interest in land (whether at law or in equity and whether or not for the benefit of other land), and proposed covenant has a corresponding meaning.

      debenture includes debenture stock, bonds, notes and any other document evidencing or acknowledging indebtedness of a body corporate, whether constituting a charge on property of the body corporate or not.

      Deputy Chairperson means a Deputy Chairperson of the Commission.

      Deputy President means a Deputy President of the Tribunal, and includes a person appointed to act as a Deputy President of the Tribunal.

      Deputy Registrar means a Deputy Registrar of the Tribunal.

      designated Commonwealth energy law means:

      (a) the National Electricity (Commonwealth) Law and Regulations (as defined by the Australian Energy Market Act 2004); or

      (b) the National Gas (Commonwealth) Law and Regulations (as defined by the Australian Energy Market Act 2004); or

      (c) the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations (as defined by the Australian Energy Market Act 2004).

      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 for persons qualified to interpret them; and

      (b) a disc, tape, paper or other device from which sounds or messages are capable of being reproduced.

      dual listed company arrangement has the same meaning as in section 125-60 of the Income Tax Assessment Act 1997.

      financial corporation means a financial corporation within the meaning of paragraph 51(xx) of the Constitution and includes a body corporate that carries on as its sole or principal business the business of banking (other than State banking not extending beyond the limits of the State concerned) or insurance (other than State insurance not extending beyond the limits of the State concerned).

      foreign corporation means a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and includes a body corporate that is incorporated in an external Territory.

      fully-participating jurisdiction means a State or Territory that:

      (a) is a participating jurisdiction as defined in section 150A; and

      (b) is not named in a notice in operation under section 150K.

      give