Document ID: chunk:federal_register_of_legislation:C2025C00189:section:3
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 3
Character Range: 952223–954556

3                                                                                 a person to the extent that the person is both:                                                                                       so much of that business or service as relates to the person acting in that way.
                                                                                  (a) carrying on or providing a business or service that is part of the regulated sector; and
                                                                                  (b) acting in the course of, or in relation to, a kind of trade or commerce mentioned in subsection (3)

Note 1: For the meaning of corporation, see section 4.
Note 2: Sections 58GA to 58GC extend the meaning of person for partnerships, unincorporated associations and trusts.
 (3) For the purposes of item 3 of the table in subsection (2), the kinds of trade or commerce are as follows:
 (a) trade or commerce between Australia and places outside Australia;
 (b) trade or commerce among the States;
 (c) trade or commerce within a Territory, between a State or Territory or between 2 Territories.

Exceptions—complete
 (4) Despite subsections (1) and (2):
 (a) a person is not a regulated entity for a regulated sector to the extent that an exception prescribed by the SPF rules applies to the person; and
 (b) a business or service is not a regulated service of a person for a regulated sector to the extent that an exception prescribed by the SPF rules applies to the business or service.
Note: A person, business or service may be specified by class (see subsection 13(3) of the Legislation Act 2003).

Exceptions—partial
 (5) Despite subsections (1) and (2), the instrument made under subsection 58AC(1) designating a business or service to be all or part of the regulated sector may declare that:
 (a) the person who carries on or provides the business or service is not a regulated entity for the regulated sector for the purposes of specified SPF provisions; or
 (b) the business or service is not a regulated service for the regulated sector for the purposes of specified SPF provisions.
Note: An individual person, business or service could be declared, or persons, businesses or services could be declared by class (see subsection 13(3) of the Legislation Act 2003).