Document ID: chunk:federal_register_of_legislation:C2004C01246:clause:2_12ba:p2
Version: federal_register_of_legislation:C2004C01246
Segment Type: clause
Provision Reference: sch 2 cl 12BA (pt 2/3)
Character Range: 48678–51482

Banking Act 1959; or
 (b) a security; or
 (c) a futures contract; or
 (d) a contract of insurance (including a life policy or a sinking fund policy within the meaning of the Life Insurance Act 1995); or
 (e) a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997; or
 (f) a superannuation interest within the meaning of the Superannuation Industry (Supervision) Act 1993;
but does not include a foreign exchange contract.

financial service means a service that:
 (a) consists of providing a financial product; or
 (b) is otherwise supplied in relation to a financial product.

foreign corporation means a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and includes a body corporate that is incorporated in an external Territory.

misleading has the meaning given by section 12BB.

price includes a charge of any description.

provision, in relation to an understanding, means any matter forming part of the understanding.

re-supply of services has the meaning given by section 12BD.

send includes deliver, and sent and sender have corresponding meanings.

services includes any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges or facilities that are, or are to be, provided, granted or conferred in trade or commerce but does not include:
 (a) the supply of goods within the meaning of the Trade Practices Act 1974; or
 (b) the performance of work under a contract of service.

supply:
 (a) includes provide, grant or confer when used as a verb in relation to services; and
 (b) has a corresponding meaning when used as a noun;
and supplied and supplier have corresponding meanings.

supply of services has the meaning given by section 12BD.

Territory means:
 (a) an internal Territory; or
 (b) the Territory of Christmas Island; or
 (c) the Territory of Cocos (Keeling) Islands.

the Court or the Federal Court means the Federal Court of Australia.

trade or commerce means trade or commerce within Australia or between Australia and places outside Australia.

trading corporation means a trading corporation within the meaning of paragraph 51(xx) of the Constitution.

unsolicited financial services means financial services supplied to a person without any request made by the person or on the person's behalf.

 (2) In this Division:
 (a) a reference to engaging in conduct is a reference to doing or refusing to do any act, including:
 (i) making, or giving effect to a provision of, a contract or arrangement; or
 (ii) arriving at, or giving effect to a provision of, an understanding; or
 (iii) requiring the giving of, or giving, a covenant; and
 (b) a reference to conduct, when that expression is used as a noun otherwise than as mentioned in paragraph (a), is a