The sum of the value of all the supplies that the corporation (and any related corporation) has made or is likely to have made during the breach turnover period, with some exclusions.
The breach turnover period will generally represent the duration of the breach, but 12 months is the minimum period over which the sum is calculated .
Refers to a process of rivalry in a market where businesses seek to attract consumers for their own objectives, such as for profit or market share.
This rivalry may take place in terms of price, service, efficiency, quality or a combination of factors that consumers may value.
Read more about Competition and anti-competitive behaviour.
An automatic right given to consumers that businesses must meet when they sell a product or service. If a business does not meet a consumer guarantee, it must offer the consumer a remedy.
Consumer guarantees are different to extra promises a business might offer, which are called warranties.
Find out more about Consumer rights and guarantees.
A legal agreement between 2 or more parties.
Contracts can be made in writing or verbally and entered into in a number of ways including:
- agreeing over the phone
- clicking an 'I agree' button on a web page
- signing a document
- paying a deposit.
For example, a sales transaction is a contract for the consumer to pay a certain amount of money and for the seller to provide a product or service.
Find out more about Contracts.
An infrastructure, transport, handling or communications service that has met the criteria to be a declared service, including that it is of national significance.
Third parties can negotiate access to a declared service and, if necessary, have a right to have their request determined through arbitration by the ACCC.
A telecommunications network defined to include the part of a fixed-line telecommunications network, located in Australia, made up of local access lines or parts of local access lines, which is or can be used to supply superfast carriage services.
Carriers that own or operate a designated telecommunications network and are granted carrier licences may be subject to reporting requirements, depending on certain criteria being met.
There are some exemptions to carrier licence conditions.
A person’s right against an irrigation infrastructure operator to receive water, which is not a water access right or a water delivery right.
An irrigation right can usually be transformed into a water access entitlement.
Loss leader selling involves selling a product or service at a price below its market cost in order to attract other customers or to sell additional products to customers.
An individual, business or organisation that agrees to do something by entering into a contract or involvement in a transaction.
A precedent is an earlier decision or action that is regarded as an example or guide to be considered in subsequent similar circumstances. The courts rely on precedents to guide them in cases they’re deciding where actions or circumstances are similar.
For example, a court might use an earlier case to decide if something is reasonable.
What most people would think is fair in the circumstances.
If a court is deciding whether something is reasonable, it may use precedents. These are previous legal cases that have decided something similar.
Represents judgement on how a reasonable member of the community should behave in particular situations, by a combination of the relevant community.
A carriage service supplied by a line to a user’s premises enabling the user to download communications, where the normal download speed is 6 Mbps or more.
A carrier that either owns or operates a designated telecommunications network at any time on or after 1 January 2015. Depending on the context, this includes a wholesale company.
A pre-prepared contract where the other party can only either accept or reject the terms of the contract as presented.
For example, a builder might ask a consumer to sign the same contract they ask all their customers to sign.
A business with market power has more freedom to act without worrying how competitors, suppliers or customers will react.
A business with substantial market power has a lot of strength in a market. This may be through its financial position, market share, ability to restrict competition, or ability to determine how it deals with customers and suppliers.
It is not illegal for a business to have substantial market power, but it is illegal for it to use its market power in a way that substantially lessens competition.
A carriage service supplied by a line to a user’s premises enabling the user to download communications, where the normal download speed is more than 25 Mbps.
Unconscionable conduct is behaviour so harsh or unfair that it goes against good conscience.
There is no precise legal definition of unconscionable conduct. Instead, the concept is based on precedent – decisions that have been made by courts over time.
See unconscionable conduct for more information.
An unsolicited consumer agreement arises when:
- a supplier or salesperson approaches a customer to sell goods without being invited to do so
- negotiations take place either on the phone or in person at a location other than the supplier’s premises, and
- the total value of the agreement is more than $100 or the value wasn’t known at the time the agreement was made.
This usually happens with door-to-door sales, telemarketing, or in public areas.
Find out more about Telemarketing and door-to-door sales.