and to consumers3, which are discussed under section 4B.
This Act also covers individuals but only up to some extent and only if these transactions are defined under section 6 of the Act which include.4
o Trade and commerce between Australia and Overseas
o Trade and commerce between the States
o Trade and commerce within a Territory or between the State and a Territory
o The supply of goods and services to the Commonwealth or an Authority or instrumentality of the Commonwealth.
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2. Under section 4 a corporation is defined as;
b) a trading or financial corporation formed within the limits of Australia.
d) the holding company of a body corporate described in(a), (b) or (c).
Higgins Errol & Fisher Robert, 2003. Study Guide, "Mercantile Law", Faculty of Business and Law, Rockhampton. P5-4.
3. Consumers are defined in section 4B TPA as
o Any person buying goods for less than $40,000.
o For goods more than $40,000, the goods are of a kind ordinarily acquired for personal or domestic use or consist of a commercial road vehicle.
o The must not have been acquired for commercial purposes (re-selling or for use in business)
4. Higgins Errol & Fisher Robert, 2003. Study Guide, "Mercantile Law", Faculty of Business and Law, Rockhampton. P 5-5.
If the parties to a contract are neither a corporation nor a consumer than the Trade Practices Act may still apply to some measure but still a little conditions have to be met. This condition is that the Act would only apply if there had been any unfair practices under the TPA Part V, Division 1. Under this Division the following conducts are prohibited: 5
o Section 52 misleading or deceptive conduct
o Section 51AA and Section 51AB unconscionable conduct.
o Section 53 and Section 53A false and misleading representations
o Sections 54 to 64 other forms of unfair con...