Section 2
Interpretation
of Consumer Protection (Fair Trading) Act
(1)
In this Act, unless the context otherwise requires —
“consumer” means an individual who, otherwise than exclusively in the course of business —
(a)
receives or has the right to receive goods or services from a supplier; or
(b)
has a legal obligation to pay a supplier for goods or services that have been or are to be supplied to another individual;
“consumer transaction” means —
(a)
the supply of goods or services by a supplier to a consumer as a result of a purchase, lease, gift, contest or other arrangement; or
(b)
an agreement between a supplier and a consumer, as a result of a purchase, lease, gift, contest or other arrangement, in which the supplier is to supply goods or services to the consumer or to another consumer specified in the agreement, but does not include any transaction specified in Schedule 1;
“goods” means —
(a)
any personal property, whether tangible or intangible, and includes —
(i)
chattels that are attached or intended to be attached to real property on or after delivery; and
Consumer Protection
(Fair Trading)
(ii)
credit, including credit extended solely on the security of land;
(b)
any residential property; or
(c)
a voucher;
“hire-purchase agreement” has the same meaning as in the
Hire-Purchase Order, 2006 (S 44/2006);
“material fact” means any information that a supplier knows or ought reasonably to know would affect the decision of a consumer to enter into a consumer transaction;
“Minister” means the Minister responsible for the administration of this Act;
“motor vehicle” has the same meaning as in section 2 of the
Road Traffic Act (Chapter 68);
“motor vehicle dealer” means a supplier of motor vehicles;
“motor vehicle sale contract” means a contract between a consumer and a motor vehicle dealer for the sale of a motor vehicle to the consumer;
“residential property” means any house, unit or other premises which is permitted to be used pursuant to any written law as a dwelling-house and any such house, unit or other premises which is in the course of being constructed;
“services” includes —
(a)
a service offered or provided that involves the addition to or maintenance, repair or alteration of goods or any residential property;
(b)
a membership in any club or organisation if the club or organisation is a business formed to make a profit for its owners;
(c)
the right to use time share accommodation under a time share contract;
“Small Claims Tribunal” means a Small Claims Tribunal constituted under section 3 of the Small Claims Tribunal
Order, 2006 (S 81/2006);
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“specified body” means any person or body appointed under section 8(10);
“supplier” means a person who, in the course of the person’s business —
(a)
provides goods or services to consumers;
(b)
manufactures, assembles or produces goods;
(c)
promotes the use or purchase of goods or services; or
(d)
receives or is entitled to receive money or other consideration as a result of the provision of goods or services to consumers, and includes any employee or agent of the person, and the word
“supply”, with its grammatical variations and cognate expressions, shall have corresponding meanings;
“time share accommodation” means any living accommodation, in
Brunei Darussalam or elsewhere, used or intended to be used
(wholly or partly) for leisure purposes by a class of persons all of whom have rights to use, or participate in arrangements under which they may use, that accommodation or accommodation within a pool of accommodation to which that accommodation belongs;
“time share contract” means a contract which confers or purports to confer on an individual time share rights that are exercisable during a period of not less than 3 years;
“time share related contract” means a contract to assist a consumer to dispose of his time share rights conferred under a time share contract;
“time share rights” means rights to use time share accommodation for a specified or ascertainable period, but does not include rights under a contract of employment or an insurance policy;
“unfair practice” means an unfair practice within the meaning of section 4;
“unit”, in relation to any land, means a part of the land consisting of any space of any shape situated on or above the surface of the land, or below the surface of the land to the extent that any buildings or related structures occupy the subsoil, or partly in one
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such situation and partly in another or others, all the dimensions of which are limited, and that is designed for separate ownership;
“voucher” means any document that purports to give the holder of the document the right to obtain goods or a service or the right to obtain goods or a service at a discounted or reduced price.
(2)
An individual who holds himself out as acting exclusively in the course of business shall be treated as acting exclusively in the course of business for the purpose of the definition of “consumer” in subsection (1).