Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_2:p5
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 5/9)
Character Range: 38046–40723

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