Competition and Consumer Act. Australia
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Название: Competition and Consumer Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392085088

isbn:

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      (ii) if, at the time of the acquisition, the goods or services were not available for purchase from the supplier except together with the other property or services but, at that time, goods or services of the kind acquired were available for purchase from another supplier without other property or services — the lowest price at which the person could, at that time, reasonably have purchased goods or services of that kind from another supplier; or

      (iii) if, at the time of the acquisition, goods or services of the kind acquired were not available for purchase from any supplier except together with other property or services — the value of the goods or services at that time;

      (d) where a person acquired goods or services otherwise than by way of purchase, the price of the goods or services shall be taken to have been:

      (i) the price at which, at the time of the acquisition, the person could have purchased the goods or services from the supplier;

      (ii) if, at the time of the acquisition, the goods or services were not available for purchase from the supplier or were so available only together with other property or services but, at that time, goods or services of the kind acquired were available for purchase from another supplier — the lowest price at which the person could, at that time, reasonably have purchased goods or services of that kind from another supplier; or

      (iii) if goods or services of the kind acquired were not available, at the time of the acquisition, for purchase from any supplier or were not so available except together with other property or services — the value of the goods or services at that time; and

      (e) without limiting by implication the meaning of the expression services in subsection 4(1), the obtaining of credit by a person in connection with the acquisition of goods or services by him or her shall be deemed to be the acquisition by him or her of a service and any amount by which the amount paid or payable by him or her for the goods or services is increased by reason of his or her so obtaining credit shall be deemed to be paid or payable by him or her for that service.

      (3) Where it is alleged in any proceeding under this Act or in any other proceeding in respect of a matter arising under this Act that a person was a consumer in relation to particular goods or services, it shall be presumed, unless the contrary is established, that the person was a consumer in relation to those goods or services.

      (4) In this section, commercial road vehicle means a vehicle or trailer acquired for use principally in the transport of goods on public roads.

      4C Acquisition, supply and re-supply

      In this Act, unless the contrary intention appears:

      (a) a reference to the acquisition of goods includes a reference to the acquisition of property in, or rights in relation to, goods in pursuance of a supply of the goods;

      (b) a reference to the supply or acquisition of goods or services includes a reference to agreeing to supply or acquire goods or services;

      (c) a reference to the supply or acquisition of goods includes a reference to the supply or acquisition of goods together with other property or services, or both;

      (d) a reference to the supply or acquisition of services includes a reference to the supply or acquisition of services together with property or other services, or both;

      (e) a reference to the re-supply of goods acquired from a person includes a reference to:

      (i) a supply of the goods to another person in an altered form or condition; and

      (ii) a supply to another person of goods in which the first-mentioned goods have been incorporated;

      (f) a reference to the re-supply of services (the original services) acquired from a person (the original supplier) includes a reference to:

      (i) a supply of the original services to another person in an altered form or condition; and

      (ii) a supply to another person of other services that are substantially similar to the original services, and could not have been supplied if the original services had not been acquired by the person who acquired them from the original supplier.

      4D Exclusionary provisions

      (1) A provision of a contract, arrangement or understanding, or of a proposed contract, arrangement or understanding, shall be taken to be an exclusionary provision for the purposes of this Act if:

      (a) the contract or arrangement was made, or the understanding was arrived at, or the proposed contract or arrangement is to be made, or the proposed understanding is to be arrived at, between persons any 2 or more of whom are competitive with each other; and

      (b) the provision has the purpose of preventing, restricting or limiting:

      (i) the supply of goods or services to, or the acquisition of goods or services from, particular persons or classes of persons; or

      (ii) the supply of goods or services to, or the acquisition of goods or services from, particular persons or classes of persons in particular circumstances or on particular conditions;

      by all or any of the parties to the contract, arrangement or understanding or of the proposed parties to the proposed contract, arrangement or understanding or, if a party or proposed party is a body corporate, by a body corporate that is related to the body corporate.

      (2) A person shall be deemed to be competitive with another person for the purposes of subsection (1) if, and only if, the first-mentioned person or a body corporate that is related to that person is, or is likely to be, or, but for the provision of any contract, arrangement or understanding or of any proposed contract, arrangement or understanding, would be, or would be likely to be, in competition with the other person, or with a body corporate that is related to the other person, in relation to the supply or acquisition of all or any of the goods or services to which the relevant provision of the contract, arrangement or understanding or of the proposed contract, arrangement or understanding relates.

      4E Market

      For the purposes of this Act, unless the contrary intention appears, market means a market in Australia and, when used in relation to any goods or services, includes a market for those goods or services and other goods or services that are substitutable for, or otherwise competitive with, the first-mentioned goods or services.

      4F References to purpose or reason

      (1) For the purposes of this Act:

      (a) a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding, or a covenant or a proposed covenant, shall be deemed to have had, or to have, a particular purpose if:

      (i) the provision was included in the contract, arrangement or understanding or is to be included in the proposed contract, arrangement or understanding, or the covenant was required to be given or the proposed covenant is to be required to be given, as the case may be, for that purpose or for purposes that included or include that purpose; and

      (ii) that purpose was or is a substantial purpose; and

      (b) a person shall be deemed to have engaged or to engage in conduct for a particular purpose or a particular reason if:

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