has the meaning given to it by section 84;

means an individual who is at least 18 years of age;

, in relation to a person allowed by law to affirm, declare or promise includes an affirmation, declaration or promise;

includes—

• (a)omit or omit and substitute;
• (b)alter or vary; and
• (c)amend by implication;

means the amount of a debt actually incurred, but does not include—

• (a)any interest charge under the contract; or
• (b)any fee or charge—
  • (i)that is to be or may be debited after credit is first provided under the contract; and
  • (ii)that is not payable in connection with the making of the contract or the making of a mortgage or guarantee related to the contract;

has the meaning given to it by section 25;

includes re-appoint;

means a day that is not—

• (a)a Saturday or Sunday; or
• (b)a Public holiday, special holiday or bank holiday;

means a period starting at the beginning of any day of a month and ending—

• (a)immediately before the beginning of the corresponding day of the next, named month; or
• (b)if there is no such corresponding day, at the end of the next named month;

means a period of 12 months beginning on 1 January;

of goods or services to which a credit contract relates means the lowest price (unaffected by any discount between the credit provider and the supplier) that a cash purchaser might reasonably be expected to pay for them (either from the supplier or, if not available for cash from the supplier, from another supplier);

includes any form of monetary consideration or any form of non-monetary consideration to which a monetary value can be assigned;

means a natural person who acquires goods or services for personal, domestic or household purposes;

means insurance that insures the capacity of the debtor to make repayments under the credit contract, including insurance against sickness of, injury to, or disability or death of, the debtor or against unemployment of the debtor, and also including life insurance (including insurance under a group policy) to cover any outstanding amount on the debtor's death;

has the meaning given to it by section 146;

means a credit contract under which—

• (a)multiple advances of credit are contemplated; and
• (b)the amount of available credit ordinarily increases as the amount of credit is reduced;

includes a series or combination of contracts, or contracts and arrangements;

means a document or documents setting out the terms of a contract;

means the right granted by one person (the creditor) to another person (the debtor) to defer payment of a debt, and includes the right granted by one person to another to incur a debt and defer its payment;

means a contract under which credit is or may be provided, being the provision of credit to which this Act applies;

means fees and charges payable in connection with a credit contract, mortgage or hire purchase but does not include—

• (a)interest charges (including default charges); or
• (b)any fees or charges that are payable to or by a credit provider in connection with a credit contract in connection with which both credit and debit facilities are available if the fees or charges would be payable even if credit facilities were not available (not being annual fees or charges in connection with continuing credit contracts under which credit is ordinarily obtained by the use of a card); or
• (c)government charges, or duties, on receipts or withdrawals;
• (d)enforcement expenses.

means a person that provides credit, and includes a prospective credit provider;

has the meaning given to it by section 131;

has the meaning given to it by section 25;

has the meaning given to it by section 182;

means a person (other than a guarantor) who is liable to pay for (or to repay) credit, and includes a prospective debtor;

has the meaning given to it by section 25;

means the Department of National Trade Measurement and Standards;

refers to the Director of Trade Measurement and Standards appointed under the National and Trade Measurement Act 1989 and includes any other person who for the time being occupies the office or performs the duties of the Director.

in relation to property includes— 

• (a)sell the property;
• (b)part with possession of the property to the prejudice of the owner including a mortgagee of the property; and
• (c)destroy the property;

includes—

• (a)any paper or other material on which there is writing;
• (b)any paper or other material on which there are marks, figures, symbol or perforations having a meaning for a person qualified to interpret them; and
• (c)any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device);

in relation to a mortgage includes expenses incurred by the mortgagee in preserving or maintaining property subject to the mortgage (including insurance, rates and taxes payable for the property) but only if the expenses are incurred after a breach occurs and are authorised by the mortgage;

— 

• (a)in relation to a credit contract or a guarantee means proceedings in a court to recover a payment due under the contract or guarantee;
• (b)in relation to a mortgage or hire purchase means taking possession of property or goods under the mortgage or hire purchase, or taking any other action to enforce a mortgage or hire purchase agreement;

includes easement, charge, right, title, claim, demand, lien or encumbrance, whether at law or in equity;

includes lapse or otherwise cease to have effect;

includes refuse;

means a country (whether or not an independent sovereign state) outside Fiji;

mean goods for personal, family or household purposes and includes any replacements or renewals by the hirer of any part or parts thereof and any accessories added or additions made thereto by the hirer during the period of the hiring;

includes an indemnity (other than one arising under a contract of insurance);

includes a prospective guarantor;

includes a letting of goods with an option to purchase and an agreement for the purchase of goods by instalments (whether the agreement describes the instalments as rent or hire or otherwise), but does not include any agreement—

• (a)whereby the property in the goods comprised therein passes at the time of the agreement or at any time before delivery of the goods; or
• (b)under which the person by whom the goods are being hired or purchased is a person who is engaged in the trade or business of selling goods of the same nature or description as the goods comprised in the agreement;

means—

• (a)a person who is insolvent under administration within the meaning of the Companies Act 2015; or
• (b)a corporation that is an externally-administered corporation within the meaning of the Companies Act 2015;

means the return or compensation for the use or retention by one person of a sum of money belonging to or owed to another;

has the meaning given to it by section 100;

has the same meaning given to it by section 116;

includes issue or grant;

means an agreement between a credit provider and supplier of goods and services under which the credit provider agrees to pay to the supplier amounts for goods or services supplied by the supplier and paid by means of credit cards, whether or not the credit cards are issued by the credit provider;

means an individual who is under the age of 18 years;

includes an addition, omission or substitution;

means a calendar month;

includes—

• (a)any interest in, or power over, property securing obligations of a debtor or guarantor;
• (b)a credit provider's title to land or goods subject to a sale by instalments; and
• (c)a mortgage taken to have been entered into under section 10(3);

but does not include a consumer lease to which the mortgage is created or like purchase;

includes a prospective mortgagor;

may be—

• (a)a number expressed in figures or words;
• (b)a letter; or
• (c)a combination of a number so expressed and a letter;

means the consumer Credit Office established by section 5(1);

may be an individual or a body politic or corporate;

includes forfeiture or other punishment;

includes typewritten, lithographed or reproduced by any mechanical means;

means a legal or other action or proceeding;

means—

• (a)in relation to goods, a person who purchases, or proposes to purchase, the goods; or
• (b)in relation to services, a person who contracts, or proposes to contract, to obtain services;

includes information stored or recorded by means of a computer;

means a benchmark, index or other reference rate;

means regulations made under section 187;

means a body corporate that—

• (a)is the holding company of another body corporate;
• (b)is a subsidiary of another body corporate; or
• (c)is a subsidiary of the holding company of another body corporate;

means credit fees and charges retained by the credit provider, other than credit fees and charges passed on to (or retained in reimbursement of an amount paid to)—

• (a)a third party that is not a related body corporate of the credit provider; or
• (b)a financial institution that is such a related body corporate in respect of the provision of banking services that are provided to the credit provider by the financial institution on the same terms as those services are ordinarily provided to customers who are not associated with the financial institution;

has the meaning given to it by section 115;

includes—

• (a)rights in relation to, and interests in, real property;
• (b)insurance;
• (c)professional services; and
• (d)a right to services,

but does not include the provision of credit or a right to credit or services provided under a consumer lease;

means a supplier of goods or services;

includes agree to supply;

in relation to a person allowed by law to affirm, declare or promise, includes affirm, declare or promise;

in relation to a contract includes the discharge or rescission of the contract;

has the meaning given to it by section 116(2);

has the meaning given to it by section 116(3);

has the meaning given to it by section 25;

has the meaning given to it by section 25; and

includes any symbol, figure or drawing.