Competition Policy Reform (Western Australia) Act 1996

For the purposes of sections 13 and 14, the following do not amount to carrying on a business —

imposing or collecting —

taxes;

levies; or

fees for licences;

granting, refusing to grant, revoking, suspending or varying licences (whether or not they are subject to conditions);

a transaction involving —

only persons who are all acting for the Crown in the same right (and none of whom is an authority of a State);

only persons who are all acting for the same authority of a State;

only the Crown in right of a State and one or more non‑commercial authorities of that State; or

only non‑commercial authorities of the same State;

the acquisition of primary products by a government body under legislation, unless the acquisition occurs because —

the body chooses to acquire the products; or

the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.

Subsection (1) does not limit the things that do not amount to carrying on a business for the purposes of sections 13 and 14.

In this section —

agricultural or horticultural produce;

crops, whether on or attached to the land or not;

animals (whether dead or alive); or

the bodily produce (including natural increase) of animals.

For the purposes of this section, an authority of a State is “non‑commercial” if —

it is constituted by only one person; and

it is neither a trading corporation nor a financial corporation.