The annual Australian Financial Advisors Association members conference will be held in Perth, Western Australia this year. Josie is the Sales & Events Coordinator for the Association which is headquartered in Sydney and she has the responsibility for arranging everything in connection with the conference. Josie's role is to ensure that all of the conference attendee's requirements are met including accommodation, travel, food and clothing.

On 25 February 2021, Josie realises that she has not yet organised any of the specially made polo shirts which the delegates will wear during the conference. She goes to 'Shiny Promotions" to make these arrangements. She orders the polo shirts to be made with 'Australian Financial Advisors Association - Annual Conference 2021' to be embroidered on the sleeve. Josie agrees to buy the polo shirts for $75 each after the shop owner says "I've been in business for 28 years and my clothes are made from the finest quality cotton and workmanship. Trust me, you will have no problems with them. Look at this quality. Feel this material. I guarantee you that nothing will go wrong." Josie is so disappointed and stressed that she has left things to the last minute and tells the shop owner that if he does not provide the clothing ACBUS201A Commercial Law I within 14 days she will destroy him and his business. When the clothing finally arrives, Josie discovers the polo shirts are not made from cotton and the logo embroidered on the sleeve says "2020" rather than "2021".

One week before the delegation is due to travel from Sydney to Perth, the West Australian Premier declares a state of emergency as a result of the worsening coronavirus pandemic and spreading infections, and decides to close all the borders. All flights into the State are cancelled and all roads into Western Australia are closed. As a result, all conferences and event gatherings are prohibited until further notice.

5. For the purposes of the Australian Consumer Law (ACL) discuss whether or not Josie would be a 'Consumer' in relation to her dealings with 'Shiny Promotions'.