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Definitions.
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1.—(1) In this Act—
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“the Minister” means the Minister for Industry, Commerce and Tourism;
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“participant”, in relation to a scheme, means a person, other than a promoter, who participates in the scheme;
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“promoter”, in relation to a scheme, means a person who promotes a scheme;
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“promoters”, in relation to a scheme, means two or more persons acting in concert who promote a scheme;
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“scheme” means any trading scheme which includes the following elements, that is to say—
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(a) goods or services, or both, are to be provided by the promoter or, if there are two or more promoters, by one or more of them;
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(b) the goods or services so provided are to be supplied to or for other persons under transactions effected by participants;
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(c) the prospect is held out to participants of receiving payments or other benefits in respect of persons who become participants;
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(d) the scheme makes provision for payments by a participant in the scheme to a promoter of or a participant in the scheme in respect of any one or more of the following—
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(i) his admission to the scheme,
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(ii) his being provided by a promoter of or a participant in the scheme with the goods, or the means of supplying the services, to which the scheme relates,
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(iii) his training for the purposes of the scheme,
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(iv) the promotion, transfer or other change of status in the scheme of a promoter of or a participant in the scheme,
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and in this definition “trading scheme” includes any arrangements made in connection with the carrying on of a business, whether those arrangements are made or recorded wholly or partly in writing or not.
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(2) For the purposes of this Act a scheme shall be taken to include the element referred to in paragraph (b) of the definition of “scheme” in subsection (1) of this section whether the transactions referred to in that paragraph are to be effected by participants in the capacity of servants or agents of the promoter or of one of the promoters or in any other capacity.
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(3) For the purposes of this Act such a prospect as is mentioned in paragraph (c) of the definition of “scheme” in subsection (1) of this section shall be taken to be held out to a participant—
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(a) whether it is held out so as to confer on him a legally enforceable right or not, and
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(b) whether it is limited to the introduction of new participants by him or extends to the introduction of new participants by other persons.
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(4) In this Act any reference to the making of a payment to or for the benefit of a person shall be construed as including the making of a payment partly to or for the benefit of that person and partly to or for the benefit of one or more other persons.
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(5) In this Act any reference to the provision of goods or services by a person shall be construed as including a reference to the provision of goods or services under arrangements to which that person is a party.
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