Commonwealth: Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (Cth)

Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 Act No. 103 of 2010 as amended This compilation was prepared on 30 November 2012 taking into account amendments up to Act No. 136 of 2012 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Parliamentary Counsel, Canberra Contents 1 Short title [see Note 1]........................... 2 Commencement 3 Schedule(s) Schedule 1—The Australian Consumer Law Trade Practices Act 1974 Schedule 2—Application of the Australian Consumer Law Trade Practices Act 1974 Schedule 3—Amendment of the Corporations legislation Australian Securities and Investments Commission Act 2001 Corporations Act 2001 Schedule 4—Enforcement of industry codes Trade Practices Act 1974 Schedule 5—Other amendments of the Trade Practices Act 1974 Schedule 6—Amendment of other Acts to change references to the Trade Practices Act 1974 Part 1—Bulk amendments Administrative Decisions (Judicial Review) Act 1977 Agricultural and Veterinary Chemicals Code Act 1994 Airports Act 1996 Air Services Act 1995 Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 Australian Communications and Media Authority Act 2005 Australian Energy Market Act 2004 Australian Maritime Safety Authority Act 1990 Australian Postal Corporation Act 1989 Banking Act 1959 Broadcasting Services Act 1992 Crimes Act 1914 Customs Act 1901 Do Not Call Register Act 2006 Environment Protection and Biodiversity Conservation Act 1999 Evidence and Procedure (New Zealand) Act 1994 Federal Court of Australia Act 1976 Financial Sector (Business Transfer and Group Restructure) Act 1999 Health Insurance Commission (Reform and Separation of Functions) Act 1997 Insurance Act 1973 Jurisdiction of Courts (Cross‑vesting) Act 1987 Life Insurance Act 1995 Liquid Fuel Emergency Act 1984 Medibank Private Sale Act 2006 Northern Territory National Emergency Response Act 2007 Occupational Health and Safety Act 1991 Occupational Health and Safety (Maritime Industry) Act 1993 Offshore Petroleum and Greenhouse Gas Storage Act 2006 Patents Act 1990 Payment Systems (Regulation) Act 1998 Private Health Insurance Act 2007 Proceeds of Crime Act 2002 Protection of the Sea (Powers of Intervention) Act 1981 Radiocommunications Act 1992 Social Security (Administration) Act 1999 Spam Act 2003 Sydney Airport Demand Management Act 1997 Telecommunications Act 1997 Telecommunications (Consumer Protection and Service Standards) Act 1999 Telecommunications (Interception and Access) Act 1979 Trade Marks Act 1995 Trans‑Tasman Proceedings Act 2010 Water Act 2007 Wheat Export Marketing Act 2008 Part 2—Other amendments Administrative Decisions (Judicial Review) Act 1977 Agricultural and Veterinary Chemicals Act 1994 Agricultural and Veterinary Chemicals (Administration) Act 1992 Agricultural and Veterinary Chemicals Code Act 1994 Airports Act 1996 Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 Banking Act 1959 Carriage of Goods by Sea Act 1991 Federal Court of Australia Act 1976 Food Standards Australia New Zealand Act 1991 Insurance Act 1973 Jurisdiction of Courts (Cross‑vesting) Act 1987 Motor Vehicle Standards Act 1989 National Transmission Network Sale Act 1998 Olympic Insignia Protection Act 1987 Radiocommunications Act 1992 Wheat Export Marketing Act 2008 Schedule 7—Transitional matters Notes An Act to amend the Trade Practices Act 1974 and the Australian Securities and Investments Commission Act 2001, and for other purposes 1 Short title [see Note 1] This Act may be cited as the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 13 July 2010 2. Schedules 1 to 5 The later of: 1 January 2011 (a) the start of 1 January 2011; and (b) immediately after the commencement of Schedule 1 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 1) 2010. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 3. Schedule 6, items 1 to 46 At the same time as the provision(s) covered by table item 2. 1 January 2011 4. Schedule 6, item 47 The later of: 1 January 2011 (a) the same time as the provision(s) covered by table item 2; and (b) immediately after the commencement of Schedule 1 to the Broadcasting Legislation Amendment (Digital Television) Act 2010. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 5. Schedule 6, items 48 to 141 At the same time as the provision(s) covered by table item 2. 1 January 2011 6. Schedule 6, item 142 The later of: (a) the same time as the provision(s) covered by table item 2; and (b) immediately after the commencement of section 3 of the Trans‑Tasman Proceedings Act 2010. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 7. Schedule 6, items 143 to 191 At the same time as the provision(s) covered by table item 2. 1 January 2011 8. Schedule 7 At the same time as the provision(s) covered by table item 2. 1 January 2011 Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—The Australian Consumer Law Trade Practices Act 1974 1 Schedule 2 Repeal the Schedule, substitute: Schedule 2—The Australian Consumer Law Note: See Part XI. Chapter 1—Introduction 1 Application of this Schedule 2 Definitions 3 Meaning of consumer 4 Misleading representations with respect to future matters 5 When donations are treated as supplies or acquisitions 6 Related bodies corporate 7 Meaning of manufacturer 8 Goods affixed to land or premises 9 Meaning of safety defect in relation to goods 10 Asserting a right to payment 11 References to acquisition, supply and re‑supply 12 Application of Schedule in relation to leases and licences of land and buildings 13 Loss or damage to include injury 14 Meaning of continuing credit contract 15 Contraventions of this Schedule 16 Severability 17 References to provisions in this Schedule Chapter 2—General protections Part 2‑1—Misleading or deceptive conduct 18 Misleading or deceptive conduct 19 Application of this Part to information providers Part 2‑2—Unconscionable conduct 20 Unconscionable conduct within the meaning of the unwritten law 21 Unconscionable conduct 22 Unconscionable conduct in business transactions Part 2‑3—Unfair contract terms 23 Unfair terms of consumer contracts 24 Meaning of unfair 25 Examples of unfair terms 26 Terms that define main subject matter of consumer contracts etc. are unaffected 27 Standard form contracts 28 Contracts to which this Part does not apply Chapter 3—Specific protections Part 3‑1—Unfair practices Division 1—False or misleading representations etc. 29 False or misleading representations about goods or services 30 False or misleading representations about sale etc. of land 31 Misleading conduct relating to employment 32 Offering rebates, gifts, prizes etc. 33 Misleading conduct as to the nature etc. of goods 34 Misleading conduct as to the nature etc. of services 35 Bait advertising 36 Wrongly accepting payment 37 Misleading representations about certain business activities 38 Application of provisions of this Division to information providers Division 2—Unsolicited supplies 39 Unsolicited cards etc. 40 Assertion of right to payment for unsolicited goods or services 41 Liability etc. of recipient for unsolicited goods 42 Liability of recipient for unsolicited services 43 Assertion of right to payment for unauthorised entries or advertisements Division 3—Pyramid schemes 44 Participation in pyramid schemes 45 Meaning of pyramid scheme 46 Marketing schemes as pyramid schemes Division 4—Pricing 47 Multiple pricing 48 Single price to be specified in certain circumstances Division 5—Other unfair practices 49 Referral selling 50 Harassment and coercion Part 3‑2—Consumer transactions Division 1—Consumer guarantees Subdivision A—Guarantees relating to the supply of goods 51 Guarantee as to title 52 Guarantee as to undisturbed possession 53 Guarantee as to undisclosed securities etc. 54 Guarantee as to acceptable quality 55 Guarantee as to fitness for any disclosed purpose etc. 56 Guarantee relating to the supply of goods by description 57 Guarantees relating to the supply of goods by sample or demonstration model 58 Guarantee as to repairs and spare parts 59 Guarantee as to express warranties Subdivision B—Guarantees relating to the supply of services 60 Guarantee as to due care and skill 61 Guarantees as to fitness for a particular purpose etc. 62 Guarantee as to reasonable time for supply 63 Services to which this Subdivision does not apply Subdivision C—Guarantees not to be excluded etc. by contract 64 Guarantees not to be excluded etc. by contract Subdivision D—Miscellaneous 65 Application of this Division to supplies of gas, electricity and telecommunications 66 Display notices 67 Conflict of laws 68 Convention on Contracts for the International Sale of Goods Division 2—Unsolicited consumer agreements Subdivision A—Introduction 69 Meaning of unsolicited consumer agreement 70 Presumption that agreements are unsolicited consumer agreements 71 Meaning of dealer 72 Meaning of negotiation Subdivision B—Negotiating unsolicited consumer agreements 73 Permitted hours for negotiating an unsolicited consumer agreement 74 Disclosing purpose and identity 75 Ceasing to negotiate on request 76 Informing person of termination period etc. 77 Liability of suppliers for contraventions by dealers Subdivision C—Requirements for unsolicited consumer agreements etc. 78 Requirement to give document to the consumer 79 Requirements for all unsolicited consumer agreements etc. 80 Additional requirements for unsolicited consumer agreements not negotiated by telephone 81 Requirements for amendments of unsolicited consumer agreements Subdivision D—Terminating unsolicited consumer agreements 82 Terminating an unsolicited consumer agreement during the termination period 83 Effect of termination 84 Obligations of suppliers on termination 85 Obligations and rights of consumers on termination 86 Prohibition on supplies etc. for 10 business days 87 Repayment of payments received after termination 88 Prohibition on recovering amounts after termination Subdivision E—Miscellaneous 89 Certain provisions of unsolicited consumer agreements void 90 Waiver of rights 91 Application of this Division to persons to whom rights of consumers and suppliers are assigned etc. 92 Application of this Division to supplies to third parties 93 Effect of contravening this Division 94 Regulations may limit the application of this Division 95 Application of this Division to certain conduct covered by the Corporations Act Division 3—Lay‑by agreements 96 Lay‑by agreements must be in writing etc. 97 Termination of lay‑by agreements by consumers 98 Termination of lay‑by agreements by suppliers 99 Effect of termination Division 4—Miscellaneous 100 Supplier must provide proof of transaction etc. 101 Consumer may request an itemised bill 102 Prescribed requirements for warranties against defects 103 Repairers must comply with prescribed requirements Part 3‑3—Safety of consumer goods and product related services Division 1—Safety standards 104 Making safety standards for consumer goods and product related services 105 Declaring safety standards for consumer goods and product related services 106 Supplying etc. consumer goods that do not comply with safety standards 107 Supplying etc. product related services that do not comply with safety standards 108 Requirement to nominate a safety standard Division 2—Bans on consumer goods and product related services Subdivision A—Interim bans 109 Interim bans on consumer goods or product related services that will or may cause injury to any person etc. 110 Places in which interim bans apply 111 Ban period for interim bans 112 Interaction of multiple interim bans 113 Revocation of interim bans Subdivision B—Permanent bans 114 Permanent bans on consumer goods or product related services 115 Places in which permanent bans apply 116 When permanent bans come into force 117 Revocation of permanent bans Subdivision C—Compliance with interim bans and permanent bans 118 Supplying etc. consumer goods covered by a ban 119 Supplying etc. product related services covered by a ban Subdivision D—Temporary exemption from mutual recognition principles 120 Temporary exemption under the Trans‑Tasman Mutual Recognition Act 1997 121 Temporary exemption under the Mutual Recognition Act 1992 Division 3—Recall of consumer goods Subdivision A—Compulsory recall of consumer goods 122 Compulsory recall of consumer goods 123 Contents of a recall notice 124 Obligations of a supplier in relation to a recall notice 125 Notification by persons who supply consumer goods outside Australia if there is compulsory recall 126 Interaction of multiple recall notices 127 Compliance with recall notices Subdivision B—Voluntary recall of consumer goods 128 Notification requirements for a voluntary recall of consumer goods Division 4—Safety warning notices 129 Safety warning notices about consumer goods and product related services 130 Announcement of the results of an investigation etc. Division 5—Consumer goods, or product related services, associated with death or serious injury or illness 131 Suppliers to report consumer goods associated with the death or serious injury or illness of any person 132 Suppliers to report product related services associated with the death or serious injury or illness of any person Division 6—Miscellaneous 133 Liability under a contract of insurance Part 3‑4—Information standards 134 Making information standards for goods and services 135 Declaring information standards for goods and services 136 Supplying etc. goods that do not comply with information standards 137 Supplying etc. services that do not comply with information standards Part 3‑5—Liability of manufacturers for goods with safety defects Division 1—Actions against manufacturers for goods with safety defects 138 Liability for loss or damage suffered by an injured individual 139 Liability for loss or damage suffered by a person other than an injured individual 140 Liability for loss or damage suffered by a person if other goods are destroyed or damaged 141 Liability for loss or damage suffered by a person if land, buildings or fixtures are destroyed or damaged 142 Defences to defective goods actions Division 2—Defective goods actions 143 Time for commencing defective goods actions 144 Liability joint and several 145 Survival of actions 146 No defective goods action where workers' compensation law etc. applies 147 Unidentified manufacturer 148 Commonwealth liability for goods that are defective only because of compliance with Commonwealth mandatory standard 149 Representative actions by the regulator Division 3—Miscellaneous 150 Application of all or any provisions of this Part etc. not to be excluded or modified Chapter 4—Offences Part 4‑1—Offences relating to unfair practices Division 1—False or misleading representations etc. 151 False or misleading representations about goods or services 152 False or misleading representations about sale etc. of land 153 Misleading conduct relating to employment 154 Offering rebates, gifts, prizes etc. 155 Misleading conduct as to the nature etc. of goods 156 Misleading conduct as to the nature etc. of services 157 Bait advertising 158 Wrongly accepting payment 159 Misleading representations about certain business activities 160 Application of provisions of this Division to information providers Division 2—Unsolicited supplies 161 Unsolicited cards etc. 162 Assertion of right to payment for unsolicited goods or services 163 Assertion of right to payment for unauthorised entries or advertisements Division 3—Pyramid schemes 164 Participation in pyramid schemes Division 4—Pricing 165 Multiple pricing 166 Single price to be specified in certain circumstances Division 5—Other unfair practices 167 Referral selling 168 Harassment and coercion Part 4‑2—Offences relating to consumer transactions Division 1—Consumer guarantees 169 Display notices Division 2—Unsolicited consumer agreements Subdivision A—Negotiating unsolicited consumer agreements 170 Permitted hours for negotiating an unsolicited consumer agreement 171 Disclosing purpose and identity 172 Ceasing to negotiate on request 173 Informing person of termination period etc. Subdivision B—Requirements for unsolicited consumer agreements etc. 174 Requirement to give document to the consumer 175 Requirements for all unsolicited consumer agreements etc. 176 Additional requirements for unsolicited consumer agreements not negotiated by telephone 177 Requirements for amendments of unsolicited consumer agreements Subdivision C—Terminating unsolicited consumer agreements 178 Obligations of suppliers on termination 179 Prohibition on supplies for 10 business days 180 Repayment of payments received after termination 181 Prohibition on recovering amounts after termination Subdivision D—Miscellaneous 182 Certain provisions of unsolicited consumer agreements void 183 Waiver of rights 184 Application of this Division to persons to whom rights of consumers and suppliers are assigned etc. 185 Application of this Division to supplies to third parties 186 Regulations may limit the application of this Division 187 Application of this Division to certain conduct covered by the Corporations Act Division 3—Lay‑by agreements 188 Lay‑by agreements must be in writing etc. 189 Termination charges 190 Termination of lay‑by agreements by suppliers 191 Refund of amounts Division 4—Miscellaneous 192 Prescribed requirements for warranties against defects 193 Repairers must comply with prescribed requirements Part 4‑3—Offences relating to safety of consumer goods and product related services Division 1—Safety standards 194 Supplying etc. consumer goods that do not comply with safety standards 195 Supplying etc. product related services that do not comply with safety standards 196 Requirement to nominate a safety standard Division 2—Bans on consumer goods and product related services 197 Supplying etc. consumer goods covered by a ban 198 Supplying etc. product related services covered by a ban Division 3—Recall of consumer goods 199 Compliance with recall orders 200 Notification by persons who supply consumer goods outside Australia if there is compulsory recall 201 Notification requirements for a voluntary recall of consumer goods Division 4—Consumer goods, or product related services, associated with death or serious injury or illness 202 Suppliers to report consumer goods etc. associated with the death or serious injury or illness of any person Part 4‑4—Offences relating to information standards 203 Supplying etc. goods that do not comply with information standards 204 Supplying etc. services that do not comply with information standards Part 4‑5—Offences relating to substantiation notices 205 Compliance with substantiation notices 206 False or misleading information etc. Part 4‑6—Defences 207 Reasonable mistake of fact 208 Act or default of another person etc. 209 Publication of advertisements in the ordinary course of business 210 Supplying goods acquired for the purpose of re‑supply 211 Supplying services acquired for the purpose of re‑supply Part 4‑7—Miscellaneous 212 Prosecutions to be commenced within 3 years 213 Preference must be given to compensation for victims 214 Penalties for contraventions of the same nature etc. 215 Penalties for previous contraventions of the same nature etc. 216 Granting of injunctions etc. 217 Criminal proceedings not to be brought for contraventions of Chapter 2 or 3 Chapter 5—Enforcement and remedies Part 5‑1—Enforcement Division 1—Undertakings 218 Regulator may accept undertakings Division 2—Substantiation notices 219 Regulator may require claims to be substantiated etc. 220 Extending periods for complying with substantiation notices 221 Compliance with substantiation notices 222 False or misleading information etc. Division 3—Public warning notices 223 Regulator may issue a public warning notice Part 5‑2—Remedies Division 1—Pecuniary penalties 224 Pecuniary penalties 225 Pecuniary penalties and offences 226 Defence 227 Preference must be given to compensation for victims 228 Civil action for recovery of pecuniary penalties 229 Indemnification of officers 230 Certain indemnities not authorised and certain documents void 231 Application of section 229 to a person other than a body corporate Division 2—Injunctions 232 Injunctions 233 Consent injunctions 234 Interim injunctions 235 Variation and discharge of injunctions Division 3—Damages 236 Actions for damages Division 4—Compensation orders etc. for injured persons and orders for non‑party consumers Subdivision A—Compensation orders etc. for injured persons 237 Compensation orders etc. on application by an injured person or the regulator 238 Compensation orders etc. arising out of other proceedings Subdivision B—Orders for non‑party consumers 239 Orders to redress etc. loss or damage suffered by non‑party consumers 240 Determining whether to make a redress order etc. for non‑party consumers 241 When a non‑party consumer is bound by a redress order etc. Subdivision C—Miscellaneous 242 Applications for orders 243 Kinds of orders that may be made 244 Power of a court to make orders 245 Interaction with other provisions Division 5—Other remedies 246 Non‑punitive orders 247 Adverse publicity orders 248 Order disqualifying a person from managing corporations 249 Privilege against exposure to penalty or forfeiture—disqualification from managing corporations 250 Declarations relating to consumer contracts Division 6—Defences 251 Publication of advertisement in the ordinary course of business 252 Supplying consumer goods for the purpose of re‑supply 253 Supplying product related services for the purpose of re‑supply Part 5‑3—Country of origin representations 254 Overview 255 Country of origin representations do not contravene certain provisions 256 Cost of producing or manufacturing goods 257 Rules for determining the percentage of costs of production or manufacture attributable to a country 258 Proceedings relating to false, misleading or deceptive conduct or representations Part 5‑4—Remedies relating to guarantees Division 1—Action against suppliers Subdivision A—Action against suppliers of goods 259 Action against suppliers of goods 260 When a failure to comply with a guarantee is a major failure 261 How suppliers may remedy a failure to comply with a guarantee 262 When consumers are not entitled to reject goods 263 Consequences of rejecting goods 264 Replaced goods 265 Termination of contracts for the supply of services that are connected with rejected goods 266 Rights of gift recipients Subdivision B—Action against suppliers of services 267 Action against suppliers of services 268 When a failure to comply with a guarantee is a major failure 269 Termination of contracts for the supply of services 270 Termination of contracts for the supply of goods that are connected with terminated services Division 2—Action for damages against manufacturers of goods 271 Action for damages against manufacturers of goods 272 Damages that may be recovered by action against manufacturers of goods 273 Time limit for actions against manufacturers of goods Division 3—Miscellaneous 274 Indemnification of suppliers by manufacturers 275 Limitation of liability etc. 276 This Part not to be excluded etc. by contract 277 Representative actions by the regulator Part 5‑5—Liability of suppliers and credit providers Division 1—Linked credit contracts 278 Liability of suppliers and linked credit providers relating to linked credit contracts 279 Action by consumer to recover amount of loss or damage 280 Cases where a linked credit provider is not liable 281 Amount of liability of linked credit providers 282 Counter‑claims and offsets 283 Enforcement of judgments etc. 284 Award of interest to consumers 285 Liability of suppliers to linked credit providers, and of linked credit providers to suppliers 286 Joint liability proceedings and recovery under section 135 of the National Credit Code Division 2—Non‑linked credit contracts 287 Liability of suppliers and credit providers relating to non‑linked credit contracts Chapter 1—Introduction 1 Application of this Schedule This Schedule applies to the extent provided by: (a) Part XI of the Competition and Consumer Act; or (b) an application law. 2 Definitions (1) In this Schedule: ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999. acceptable quality: see sections 54(2) to (7). ACN has the meaning given by section 9 of the Corporations Act 2001. 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. Note: Section 5 deals with when receipt of a donation is an acquisition. adverse publicity order: see section 247(2). affected person, in relation to goods, means: (a) a consumer who acquires the goods; or (b) a person who acquires the goods from the consumer (other than for the purpose of re‑supply); or (c) a person who derives title to the goods through or under the consumer. agreement document: see section 78(2). applicable industry code has the meaning given by section 51ACA(1) of the Competition and Consumer Act. application law has the same meaning as in section 140 of the Competition and Consumer Act. article includes a token, card or document. ASIC means the Australian Securities and Investments Commission. assert a right to payment: see section 10(1). associate regulator: (a) for the purposes of the application of this Schedule as a law of the Commonwealth—means a body that is, for the purposes of the application of this Schedule as a law of a State or a Territory, the regulator within the meaning of the application law of the State or Territory; or (b) for the purposes of the application of this Schedule as a law of a State or a Territory—means: (i) the Commission; or (ii) a body that is, for the purposes of the application of this Schedule as a law of another State or a Territory, the regulator within the meaning of the application law of that other State or Territory. authority, in relation to a State or a 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 has the same meaning as in section 4(1) of the Competition and Consumer Act. ban period for an interim ban: see section 111(1). business includes a business not carried on for profit. business day, in relation to an unsolicited consumer agreement, means a day that is not: (a) a Saturday or Sunday; or (b) a public holiday in the place where the agreement was made. business or professional relationship includes a relationship between employer and employee, or a similar relationship. call on, in relation to negotiating an unsolicited consumer agreement, does not include call by telephone. Commission has the same meaning as in section 4(1) of the Competition and Consumer Act. Commonwealth mandatory standard, in relation to goods, means a mandatory standard in respect of the goods imposed by a law of the Commonwealth. Commonwealth Minister means the Minister who administers Part XI of the Competition and Consumer Act. Competition and Consumer Act means the Competition and Consumer Act 2010. consumer: see section 3. consumer contract: see section 23(3). consumer goods means goods that are intended to be used, or are of a kind likely to be used, for personal, domestic or household use or consumption, and includes any such goods that have become fixtures since the time they were supplied if: (a) a recall notice for the goods has been issued; or (b) a person has voluntarily taken action to recall the goods. continuing credit contract: see section 14(1). contravening conduct: see section 239(1)(a)(i). court, in relation to a matter, means any court having jurisdiction in the matter. covering includes a stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper. credit card: see section 39(5). credit provider means a person providing, or proposing to provide, in the course of a business carried on by the person, credit to consumers in relation to the acquisition of goods or services. dealer: see section 71. debit card: see section 39(6). declared term: see section 239(1)(a)(ii). defective goods action means an action under section 138, 139, 140 or 141, and includes such an action because of section 138(3) or 145. disclosed purpose: see section 55(2). displayed price: see sections 47(2) to (5). 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. enforcement proceeding means: (a) a proceeding for an offence against Chapter 4; or (b) a proceeding instituted under Chapter 5 (other than under sections 237 and 239). 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. express warranty, in relation to goods, means an undertaking, assertion or representation: (a) that relates to: (i) the quality, state, condition, performance or characteristics of the goods; or (ii) the provision of services that are or may at any time be required for the goods; or (iii) the supply of parts that are or may at any time be required for the goods; or (iv) the future availability of identical goods, or of goods constituting or forming part of a set of which the goods, in relation to which the undertaking, assertion or representation is given or made, form part; and (b) that is given or made in connection with the supply of the goods, or in connection with the promotion by any means of the supply or use of the goods; and (c) the natural tendency of which is to induce persons to acquire the goods. financial product has the meaning given by section 12BAA of the Australian Securities and Investments Commission Act 2001. financial service has the meaning given by section 12BAB of the Australian Securities and Investments Commission Act 2001. free item includes a free service. goods includes: (a) ships, aircraft and other vehicles; and (b) animals, including fish; and (c) minerals, trees and crops, whether on, under or attached to land or not; and (d) gas and electricity; and (e) computer software; and (f) second‑hand goods; and (g) any component part of, or accessory to, goods. grown: see section 255(7). GST has the meaning given by section 195‑1 of the A New Tax System (Goods and Services Tax) Act 1999. industry code has the meaning given by section 51ACA of the Competition and Consumer Act. information provider: see sections 19(5) and (6). information standard: see sections 134(1) and 135(1). inner container includes any container into which goods are packed, other than a shipping or airline container, pallet or other similar article. interest, in relation to land, means: (a) a legal or equitable estate or interest in the land; or (b) a right of occupancy of the land, or of a building or part of a building erected on the land, arising by virtue of the holding of shares, or by virtue of a contract to purchase shares, in an incorporated company that owns the land or building; or (c) a right, power or privilege over, or in connection with, the land. interim ban: see sections 109(1) and (2). involved: a person is involved, in a contravention of a provision of this Schedule or in conduct that constitutes such a contravention, if the person: (a) has aided, abetted, counselled or procured the contravention; or (b) has induced, whether by threats or promises or otherwise, the contravention; or (c) has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or (d) has conspired with others to effect the contravention. joint liability proceedings means proceedings relating to the joint and several liability under section 278 of a linked credit provider and a supplier of goods or services. label includes a band or ticket. lay‑by agreement: see section 96(3). linked credit contract: see section 278(2). linked credit provider, in relation to a supplier of goods or services, means a credit provider: (a) with whom the supplier has a contract, arrangement or understanding relating to: (i) the supply to the supplier of goods in which the supplier deals; or (ii) the business carried on by the supplier of supplying goods or services; or (iii) the provision to persons to whom goods or services are supplied by the supplier of credit in respect of payment for those goods or services; or (b) to whom the supplier, by arrangement with the credit provider, regularly refers persons for the purpose of obtaining credit; or (c) whose forms of contract, forms of application or offers for credit are, by arrangement with the credit provider, made available to persons by the supplier; or (d) with whom the supplier has a contract, arrangement or understanding under which contracts, applications or offers for credit from the credit provider may be signed by persons at premises of the supplier. listed public company has the meaning given by section 995‑1(1) the Income Tax Assessment Act 1997. loan contract means a contract under which a person in the course of a business carried on by that person provides or agrees to provide, whether on one or more occasions, credit to a consumer in one or more of the following ways: (a) by paying an amount to, or in accordance with the instructions of, the consumer; (b) by applying an amount in satisfaction or reduction of an amount owed to the person by the consumer; (c) by varying the terms of a contract under which money owed to the person by the consumer is payable; (d) by deferring an obligation of the consumer to pay an amount to the person; (e) by taking from the consumer a bill of exchange or other negotiable instrument on which the consumer (whether alone or with another person or other persons) is liable as drawer, acceptor or endorser. major failure: see sections 260 and 268. mandatory standard, in relation to goods, means a standard: (a) for the goods or anything relating to the goods; and (b) that, under a law of the Commonwealth, a State or a Territory, must be complied with when the goods are supplied by their manufacturer, being a law creating an offence or liability if there is such non‑compliance; but does not include a standard which may be complied with by meeting a higher standard. manufacturer: see section 7. market has the same meaning as in section 4E of the Competition and Consumer Act. materials, in relation to goods, means: (a) if the goods are unmanufactured raw products—those products; and (b) if the goods are manufactured goods—all matter or substances used or consumed in the manufacture of the goods (other than matter or substances that are treated as overheads); and (c) in either case—the inner containers in which the goods are packed. mixed supply: see section 3(11). National Credit Code has the meaning given by section 5(1) of the National Consumer Credit Protection Act 2009. negotiated by telephone: see section 78(3). negotiation: see section 72. new participant: see section 45(2). non‑linked credit contract: see section 287(5). non‑party consumer means: (a) in relation to conduct referred to in section 239(1)(a)(i)—a person who is not, or has not been, a party to an enforcement proceeding in relation to the conduct; and (b) in relation to a term of a consumer contract referred to in section 239(1)(a)(ii)—a person who is not, or has not been, a party to an enforcement proceeding in relation to the term. participant, in a pyramid scheme, means a person who participates in the scheme. participate, in a pyramid scheme: see section 44(3). participation payment: see section 45(1)(a). permanent ban: see sections 114(1) and (2). premises means: (a) an area of land or any other place (whether or not it is enclosed or built on); or (b) a building or other structure; or (c) a vehicle, vessel or aircraft; or (d) a part of any such premises. price, of goods or services, means: (a) the amount paid or payable (including any charge of any description) for their acquisition; or (b) if such an amount is not specified because the acquisition is part only of a transaction for which a total amount is paid or payable: (i) the lowest amount (including any charge of any description) for which the goods or services could reasonably have been acquired from the supplier at the time of the transaction or, if not from the supplier, from another supplier; or (ii) if they could not reasonably have been acquired separately from another supplier—their value at the time of the transaction. prior negotiations or arrangements, in relation to the acquisition of goods by a consumer, means negotiations or arrangements: (a) that were conducted or made with the consumer by another person in the course of a business carried on by the other person; and (b) that induced the consumer to acquire the goods, or otherwise promoted the acquisition of the goods by the consumer. product related service means a service for or relating to: (a) the installation of consumer goods of a particular kind; or (b) the maintenance, repair or cleaning of consumer goods of a particular kind; or (c) the assembly of consumer goods of a particular kind; or (d) the delivery of consumer goods of a particular kind; and, without limiting paragraphs (a) to (d), includes any other service that relates to the supply of consumer goods of that kind. proof of transaction: see section 100(4). publish, in relation to an advertisement, means include in a publication intended for sale or public distribution (whether to the public generally or to a restricted class or number of persons) or for public display (including in an electronic form). pyramid scheme: see section 45(1). recall notice: see section 122(1). recovery period: see section 41(4). recruitment payment: see section 45(1)(b). regulations means regulations made under section 139G of the Competition and Consumer Act. regulator: (a) for the purposes of the application of this Schedule as a law of the Commonwealth—means the Commission; or (b) for the purposes of the application of this Schedule as a law of a State or a Territory—has the meaning given by the application law of the State or Territory. rejection period: see section 262(2). related, in relation to a body corporate: see section 6. related contract or instrument: see section 83(2). rely on, in relation to a term of a consumer contract, includes the following: (a) attempt to enforce the term; (b) attempt to exercise a right conferred, or purportedly conferred, by the term; (c) assert the existence of a right conferred, or purportedly conferred, by the term. responsible Minister means: (a) the Commonwealth Minister; or (b) the Minister of a State who administers the application law of the State; or (c) the Minister of a Territory who administers the application law of the Territory. safety defect, in relation to goods: see section 9. safety standard: see sections 104(1) and 105(1). sale by auction, in relation to the supply of goods by a person, means a sale by auction that is conducted by an agent of the person (whether the agent acts in person or by electronic means). send includes deliver, and sent and sender have corresponding meanings. serious injury or illness means an acute physical injury or illness that requires medical or surgical treatment by, or under the supervision of, a medical practitioner or a nurse (whether or not in a hospital, clinic or similar place), but does not include: (a) an ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development); or (b) the recurrence, or aggravation, of such an ailment, disorder, defect or morbid condition. services includes: (a) any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges or facilities that are, or are to be, provided, granted or conferred in trade or commerce; and (b) without limiting paragraph (a), the rights, benefits, privileges or facilities that are, or are to be, provided, granted or conferred under: (i) a contract for or in relation to the performance of work (including work of a professional nature), whether with or without the supply of goods; or (ii) a contract for or in relation to the provision of, or the use or enjoyment of facilities for, amusement, entertainment, recreation or instruction; or (iii) a contract for or in relation to the conferring of rights, benefits or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction; or (iv) a contract of insurance; or (v) 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 (vi) any contract for or in relation to the lending of money; but does not include rights or benefits being the supply of goods or the performance of work under a contract of service. share includes stock. ship has the meaning given by section 3(1) of the Admiralty Act 1988. single price: see section 48(7). substantially transformed, in relation to goods: see section 255(3). substantiation notice means a notice under section 219. substantiation notice compliance period: see section 221(2). supply, when used as a verb, includes: (a) in relation to goods—supply (including re‑supply) by way of sale, exchange, lease, hire or hire‑purchase; and (b) in relation to services—provide, grant or confer; and, when used as a noun, has a corresponding meaning, and supplied and supplier have corresponding meanings. Note: Section 5 deals with when a donation is a supply. supply of limited title: see section 51(2). telecommunications service: see section 65(2). termination charge: see section 97(2). termination period, in relation to an unsolicited consumer agreement, means the period within which the consumer under the agreement is, under section 82 or under the agreement, entitled to terminate the agreement. tied continuing credit contract means a continuing credit contract under which a credit provider provides credit in respect of the payment by a consumer for goods or services supplied by a supplier in relation to whom the credit provider is a linked credit provider. tied loan contract means a loan contract entered into between a credit provider and a consumer where: (a) the credit provider knows, or ought reasonably to know, that the consumer enters into the loan contract wholly or partly for the purposes of payment for goods or services supplied by a supplier; and (b) at the time the loan contract is entered into the credit provider is a linked credit provider of the supplier. trade or commerce means: (a) trade or commerce within Australia; or (b) trade or commerce between Australia and places outside Australia; and includes any business or professional activity (whether or not carried on for profit). transparent: (a) in relation to a document—means: (i) expressed in reasonably plain language; and (ii) legible; and (iii) presented clearly; and (b) in relation to a term of a consumer contract—see section 24(3). unfair, in relation to a term of a consumer contract: see section 24(1). unsolicited consumer agreement: see section 69. unsolicited goods means goods sent to a person without any request made by the person or on his or her behalf. unsolicited services means services supplied to a person without any request made by the person or on his or her behalf. upfront price: see section 26(2). warranty against defects: see section 102(3). (2) In this Schedule: (a) a reference to engaging in conduct is a reference to doing or refusing to do any act, including: (i) the making of, or the giving effect to a provision of, a contract or arrangement; or (ii) the arriving at, or the giving effect to a provision of, an understanding; or (iii) the requiring of the giving of, or the giving of, a covenant; and (b) a reference to conduct, when that expression is used as a noun otherwise than as mentioned in paragraph (a), is a reference to the doing of or the refusing to do any act, including: (i) the making of, or the giving effect to a provision of, a contract or arrangement; or (ii) the arriving at, or the giving effect to a provision of, an understanding; or (iii) the requiring of the giving of, or the giving of, a covenant; and (c) a reference to refusing to do an act includes a reference to: (i) refraining (otherwise than inadvertently) from doing that act; or (ii) making it known that that act will not be done; and (d) a reference to a person offering to do an act, or to do an act on a particular condition, includes a reference to the person making it known that the person will accept applications, offers or proposals for the person to do that act or to do that act on that condition, as the case may be. 3 Meaning of consumer Acquiring goods as a consumer (1) A person is taken to have acquired particular goods as a consumer if, and only if: (a) the amount paid or payable for the goods, as worked out under subsections (4) to (9), did not exceed: (i) $40,000; or (ii) if a greater amount is prescribed for the purposes of this paragraph—that greater amount; or (b) the goods were of a kind ordinarily acquired for personal, domestic or household use or consumption; or (c) the goods consisted of a vehicle or trailer acquired for use principally in the transport of goods on public roads. (2) However, subsection (1) does not apply if the person acquired the goods, or held himself or herself out as acquiring the goods: (a) for the purpose of re‑supply; or (b) for the purpose of using them up or transforming them, in trade or commerce: (i) in the course of a process of production or manufacture; or (ii) in the course of repairing or treating other goods or fixtures on land. Acquiring services as a consumer (3) A person is taken to have acquired particular services as a consumer if, and only if: (a) the amount paid or payable for the services, as worked out under subsections (4) to (9), did not exceed: (i) $40,000; or (ii) if a greater amount is prescribed for the purposes of subsection (1)(a)—that greater amount; or (b) the services were of a kind ordinarily acquired for personal, domestic or household use or consumption. Amounts paid or payable for purchases (4) For the purposes of subsection (1) or (3), the amount paid or payable for goods or services purchased by a person is taken to be the price paid or payable by the person for the goods or services, unless subsection (5) applies. (5) For the purposes of subsection (1) or (3), if a person purchased goods or services by a mixed supply and a specified price was not allocated to the goods or services in the contract under which they were purchased, the amount paid or payable for goods or services is taken to be: (a) if, at the time of the acquisition, the person could have purchased from the supplier the goods or services other than by a mixed supply—the price at which they could have been purchased from the supplier; or (b) if: (i) paragraph (a) does not apply; but (ii) at the time of the acquisition, goods or services of the kind acquired could have been purchased from another supplier other than by a mixed supply; the lowest price at which the person could, at that time, reasonably have purchased goods or services of that kind from another supplier; or (c) if, at the time of the acquisition, goods or services of the kind acquired could not have been purchased from any supplier except by a mixed supply—the value of the goods or services at that time. Amounts paid or payable for other acquisitions (6) For the purposes of subsection (1) or (3), the amount paid or payable for goods or services acquired by a person other than by way of purchase is taken to be the price at which, at the time of the acquisition, the person could have purchased the goods or services from the supplier, unless subsection (7) or (8) applies. (7) For the purposes of subsection (1) or (3), if: (a) goods or services acquired by a person other than by way of purchase could not, at the time of the acquisition, have been purchased from the supplier, or could have been purchased only by a mixed supply; but (b) at that time, goods or services of the kind acquired could have been purchased from another supplier other than by a mixed supply; the amount paid or payable for the goods or services is taken to be the lowest price at which the person could, at that time, reasonably have purchased goods or services of that kind from another supplier. (8) For the purposes of subsection (1) or (3), if goods or services acquired by a person other than by way of purchase could not, at the time of the acquisition, have been purchased from any supplier other than by a mixed supply, the amount paid or payable for the goods or services is taken to be the value of the goods or services at that time. Amounts paid or payable for obtaining credit (9) If: (a) a person obtains credit in connection with the acquisition of goods or services by him or her; and (b) the amount paid or payable by him or her for the goods or services is increased because he or she so obtains credit; obtaining the credit is taken for the purposes of subsection (3) to be the acquisition of a service, and the amount paid or payable by him or her for the service of being provided with the credit is taken to include the amount of the increase. Presumption that persons are consumers (10) If it is alleged in any proceeding under this Schedule, or in any other proceeding in respect of a matter arising under this Schedule, that a person was a consumer in relation to particular goods or services, it is presumed, unless the contrary is established, that the person was a consumer in relation to those goods or services. Mixed supplies (11) A purchase or other acquisition of goods or services is made by a mixed supply if the goods or services are purchased or acquired together with other property or services, or together with both other property and other services. Supplies to consumers (12) In this Schedule, a reference to a supply of goods or services to a consumer is a reference to a supply of goods or services to a person who is taken to have acquired them as a consumer. 4 Misleading representations with respect to future matters (1) If: (a) a person makes a representation with respect to any future matter (including the doing of, or the refusing to do, any act); and (b) the person does not have reasonable grounds for making the representation; the representation is taken, for the purposes of this Schedule, to be misleading. (2) For the purposes of applying subsection (1) in relation to a proceeding concerning a representation made with respect to a future matter by: (a) a party to the proceeding; or (b) any other person; the party or other person is taken not to have had reasonable grounds for making the representation, unless evidence is adduced to the contrary. (3) To avoid doubt, subsection (2) does not: (a) have the effect that, merely because such evidence to the contrary is adduced, the person who made the representation is taken to have had reasonable grounds for making the representation; or (b) have the effect of placing on any person an onus of proving that the person who made the representation had reasonable grounds for making the representation. (4) Subsection (1) does not limit by implication the meaning of a reference in this Schedule to: (a) a misleading representation; or (b) a representation that is misleading in a material particular; or (c) conduct that is misleading or is likely or liable to mislead; and, in particular, does not imply that a representation that a person makes with respect to any future matter is not misleading merely because the person has reasonable grounds for making the representation. 5 When donations are treated as supplies or acquisitions (1) For the purposes of this Schedule, other than Parts 3‑3, 3‑4, 4‑3 and 4‑4: (a) a donation of goods or services is not treated as a supply of the goods or services unless the donation is for promotional purposes; and (b) receipt of a donation of goods or services is not treated as an acquisition of the goods or services unless the donation is for promotional purposes. (2) For the purposes of Parts 3‑3, 3‑4, 4‑3 and 4‑4: (a) any donation of goods or services is treated as a supply of the goods or services; and (b) receipt of any donation of goods or services is treated as an acquisition of the goods or services. 6 Related bodies corporate (1) A body corporate is taken to be related to another body corporate if the bodies corporate would, under section 4A(5) of the Competition and Consumer Act, be deemed to be related to each other. (2) In proceedings under this Schedule, it is presumed, unless the contrary is established, that bodies corporate are not, or were not at a particular time, related to each other. 7 Meaning of manufacturer (1) A manufacturer includes the following: (a) a person who grows, extracts, produces, processes or assembles goods; (b) a person who holds himself or herself out to the public as the manufacturer of goods; (c) a person who causes or permits the name of the person, a name by which the person carries on business or a brand or mark of the person to be applied to goods supplied by the person; (d) a person (the first person) who causes or permits another person, in connection with: (i) the supply or possible supply of goods by that other person; or (ii) the promotion by that other person by any means of the supply or use of goods; to hold out the first person to the public as the manufacturer of the goods; (e) a person who imports goods into Australia if: (i) the person is not the manufacturer of the goods; and (ii) at the time of the importation, the manufacturer of the goods does not have a place of business in Australia. (2) For the purposes of subsection (1)(c): (a) a name, brand or mark is taken to be applied to goods if: (i) it is woven in, impressed on, worked into or annexed or affixed to the goods; or (ii) it is applied to a covering, label, reel or thing in or with which the goods are supplied; and (b) if the name of a person, a name by which a person carries on business or a brand or mark of a person is applied to goods, it is presumed, unless the contrary is established, that the person caused or permitted the name, brand or mark to be applied to the goods. (3) If goods are imported into Australia on behalf of a person, the person is taken, for the purposes of paragraph (1)(e), to have imported the goods into Australia. 8 Goods affixed to land or premises For the purposes of this Schedule, goods are taken to be supplied to a consumer even if they are affixed to land or premises at the time of the supply. 9 Meaning of safety defect in relation to goods (1) For the purposes of this Schedule, goods have a safety defect if their safety is not such as persons generally are entitled to expect. (2) In determining the extent of the safety of goods, regard is to be given to all relevant circumstances, including: (a) the manner in which, and the purposes for which, they have been marketed; and (b) their packaging; and (c) the use of any mark in relation to them; and (d) any instructions for, or warnings with respect to, doing, or refraining from doing, anything with or in relation to them; and (e) what might reasonably be expected to be done with or in relation to them; and (f) the time when they were supplied by their manufacturer. (3) An inference that goods have a safety defect is not to be made only because of the fact that, after they were supplied by their manufacturer, safer goods of the same kind were supplied. (4) An inference that goods have a safety defect is not to be made only because: (a) there was compliance with a Commonwealth mandatory standard for them; and (b) that standard was not the safest possible standard having regard to the latest state of scientific or technical knowledge when they were supplied by their manufacturer. 10 Asserting a right to payment (1) A person is taken to assert a right to payment from another person if the person: (a) makes a demand for the payment or asserts a present or prospective right to the payment; or (b) threatens to bring any legal proceedings with a view to obtaining the payment; or (c) places or causes to be placed the name of the other person on a list of defaulters or debtors, or threatens to do so, with a view to obtaining the payment; or (d) invokes or causes to be invoked any other collection procedure, or threatens to do so, with a view to obtaining the payment; or (e) sends any invoice or other document that: (i) states the amount of the payment; or (ii) sets out the price of unsolicited goods or unsolicited services; or (iii) sets out the charge for placing, in a publication, an entry or advertisement; and does not contain a statement, to the effect that the document is not an assertion of a right to a payment, that complies with any requirements prescribed by the regulations. (2) For the purposes of this section, an invoice or other document purporting to have been sent by or on behalf of a person is taken to have been sent by that person unless the contrary is established. 11 References to acquisition, supply and re‑supply In this Schedule: (a) a reference to the acquisition of goods includes a reference to the acquisition of property in, or rights in relation to, goods pursuant to a supply of the goods; and (b) a reference to the supply or acquisition of goods or services includes a reference to agreeing to supply or acquire goods or services; and (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; and (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; and (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; and (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. 12 Application of Schedule in relation to leases and licences of land and buildings In this Schedule: (a) a reference to a contract includes a reference to a lease of, or a licence in respect of, land or a building or part of a building (despite the express references in this Schedule to such leases or licences); and (b) a reference to making or entering into a contract, in relation to such a lease or licence, is a reference to granting or taking the lease or licence; and (c) a reference to a party to a contract, in relation to such a lease or licence, includes a reference to any person bound by, or entitled to the benefit of, any provision contained in the lease or licence. 13 Loss or damage to include injury In this Schedule: (a) a reference to loss or damage, other than a reference to the amount of any loss or damage, includes a reference to injury; and (b) a reference to the amount of any loss or damage includes a reference to damages in respect of an injury. 14 Meaning of continuing credit contract (1) If: (a) a person (the creditor), in the course of a business carried on by the creditor, agrees with a consumer