Document ID: chunk:federal_register_of_legislation:C2004C01246:clause:2_12bc:p1
Version: federal_register_of_legislation:C2004C01246
Segment Type: clause
Provision Reference: sch 2 cl 12BC (pt 1/2)
Character Range: 53158–55831

12BC  Consumers

 (1) For the purposes of this Division, unless the contrary intention appears, a person is taken to have acquired particular financial services as a consumer if, and only if:
 (a) the price of the services did not exceed the prescribed amount; or
 (b) if the price of the services exceeded the prescribed amount—the services were of a kind ordinarily acquired for personal, domestic or household use; or
 (c) if the services were acquired by a person within the meaning of subsection (2) and the price of the services exceeded the prescribed amount—the services were of a kind ordinarily acquired for business use.

 (2) For the purposes of this Division, person includes:
 (a) a person or corporation employing fewer than 20 people; or
 (b) if the person or corporation is engaged in the manufacture of any goods—a person or corporation employing fewer than 100 people.

 (3) For the purposes of subsection (1):
 (a) the prescribed amount is:
 (i) $40,000; or
 (ii) if a greater amount is prescribed for the purposes of this paragraph—that greater amount; and
 (b) subject to paragraph (c), the price of services purchased by a person is taken to have been the amount paid or payable by the person for the services; and
 (c) if a person purchased services together with other property or services, or with both other property and services, and a specified price was not allocated to the services in the contract under which they were purchased, the price of the services is taken to have been:
 (i) the price at which, at the time of the acquisition, the person could have purchased the services from the supplier without the other property or services; or
 (ii) if, at the time of the acquisition, the services were only available for purchase from the supplier together with the other property or services but, at that time, 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 services of that kind from another supplier; or
 (iii) if, at the time of the acquisition, services of the kind acquired were not available for purchase from any supplier except together with other property or services—the value of the services at that time; and
 (d) if a person acquired services otherwise than by way of purchase, the price of the services is taken to have been:
 (i) the price at which, at the time of the acquisition, the person could have purchased the services from the supplier; or
 (ii) if, at the time of the acquisition, the services were not available for purchase from the supplier, or were available