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Who is a 'consumer'?

The ACL takes various factors into account when deciding whether a person acquires goods as a 'consumer'.

The price and kind of goods. If the price of goods (or services) of any kind is less than or equal to $40,000, the purchaser is taken to have acquired those goods or services as a consumer.

If the price of goods exceeds $40,000, the purchaser is only taken to be a consumer if the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption. Vehicles or trailers acquired for use principally in the transport of goods on public roads are a special case: a person is taken to have acquired such goods as a consumer, whatever their price.

Purpose. A person is not taken to have acquired goods as a consumer, regardless of the price paid, if the goods are acquired for the purposes of re-supply (ie re-sale) or to be used up (ie consumed) or transformed in commercial production, commercial manufacturing, or as part of a business to repair or treat other goods or fixtures on land.

Note: In its various provisions the ACL sometimes provides additional definitions of consumer contracts, consumer goods or services, business consumers, etc.