In trade or commerce | Practical Law

In trade or commerce | Practical Law

In trade or commerce

In trade or commerce

Practical Law ANZ Glossary w-010-1534 (Approx. 2 pages)

Glossary

In trade or commerce

A phrase that limits the application of many of the prohibitions in the Competition and Consumer Act 2010 (Cth) (CCA) and the Australian Consumer Law (ACL).
The CCA and ACL do not provide comprehensive definitions for the phrase "in trade or commerce", but:
  • Section 4 of the CCA states that "in trade or commerce" means trade or commerce within Australia or between Australia and places outside Australia.
  • Section 2 of the ACL is similar to the definition provided in CCA, although it extends to include explicitly "any business or professional activity (whether or not carried on for profit)".
For detailed guidance on the meaning and scope of the requirement, see Practice note, "In trade or commerce" requirement for application of CCA and ACL.