Document ID: chunk:federal_register_of_legislation:C2025C00182:section:12ba:p1
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 12BA (pt 1/4)
Character Range: 53964–56704

12BA  Interpretation
 (1) In this Division, unless the contrary intention appears:
acquire, in relation to services, includes accept.
acquisition of services has the meaning given by section 12BD.
add‑on insurance deferral period has the meaning given by section 12DP.
add‑on insurance pre‑deferral period has the meaning given by section 12DP.
add‑on insurance product, in relation to a product or service, has the meaning given by section 12DO.
add‑on risk product has the meaning given by subsection 12DMC(2).
assert a right to payment has the meaning given by section 12BEA.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 as applied under Subdivision A of Division 2 of Part XI of that Act.
authority, in relation to a State or Territory (including an external Territory), means:
 (a) a body corporate established for a purpose of the State or the Territory by or under a law of the State or Territory; or
 (b) an incorporated company in which the State or the Territory, or a body corporate referred to in paragraph (a), has a controlling interest.
authority of the Commonwealth means:
 (a) a body corporate established for a purpose of the Commonwealth by or under a law of the Commonwealth or a law of a Territory; or
 (b) an incorporated company in which the Commonwealth, or a body corporate referred to in paragraph (a), has a controlling interest.
business includes a business not carried on for profit.
civil penalty provision has the meaning given by subsection 12GBA(6).
commission includes:
 (a) any financial or other benefit in the nature of a commission; and
 (b) in relation to an add‑on risk product provided to a person in connection with the person providing a warranty to another person—the amount (if any) by which the consideration for the warranty exceeds so much of the consideration for the add‑on risk product as relates to the warranty.
It may take any form of monetary consideration, or any form of non‑monetary consideration to which a monetary value can be assigned.
conduct has the meaning given by subsection (2).
consumer has the meaning given by section 12BC.
consumer contract has the meaning given by subsection 12BF(3).
contract has the meaning given by section 12BE.
covenant means a covenant (including a promise not under seal) annexed to or running with an estate or interest in land (whether at law or in equity and whether or not for the benefit of other land) and proposed covenant has a corresponding meaning.
enforcement proceeding means a proceeding instituted under Subdivision G of Division 2 of Part 2 (other than sections 12GNB, 12GNE and 12GNF).
engage in conduct has the meaning given by subsection (2).
financial corporation:
 (a) means a financial