Subdivision (8)—Commercial acts
What is a commercial dealing in a thing
73.—(1) A person deals commercially in a thing commercially if the person—
- (a) sells the thing;
- (b) lets the thing for hire;
- (c) by way of trade, offers or exposes the thing for sale or hire;
- (d) distributes the thing for the purpose of trade; or
- (e) by way of trade, exhibits the thing in public.
(2) “Commercial dealing” has a corresponding meaning.
(3) In this section, “thing” includes an article.
What does it mean to do an act for commercial advantage
74. A person does an act to obtain a “commercial advantage” if and only if the act is done to obtain a direct advantage, direct benefit or direct financial gain for a business or trade carried on by the person.
What is a commercial rental arrangement relating to a computer program or sound recording
75.—(1) Subject to subsection (2), a “commercial rental arrangement”, in relation to a computer program or sound recording, is an arrangement with the following features:
- (a) under the arrangement, a copy of the program or recording is made available by a person on terms that it must or may be returned to the person;
- (b) the arrangement is made in the course of business;
- (c) the arrangement provides for the copy to be made available—
- (i) for payment in money or money’s worth; or
- (ii) as part of the provision of a service in return for payment in money or money’s worth.
