Document ID: chunk:federal_register_of_legislation:C2004C01246:clause:2_12ba:p1
Version: federal_register_of_legislation:C2004C01246
Segment Type: clause
Provision Reference: sch 2 cl 12BA (pt 1/3)
Character Range: 46184–48898

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.

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.

consumer has the meaning given by section 12BC.

conduct has the meaning given by subsection (2).

contract has the meaning given by section 12BE.

corporation means a body corporate that:
 (a) is a foreign corporation; or
 (b) is a trading corporation formed within the limits of Australia or is a financial corporation so formed; or
 (c) is incorporated in a Territory; or
 (d) is the holding company of a body corporate of a kind referred to in paragraph (a), (b) or (c).

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.

engage in conduct has the meaning given by subsection (2).

Family Court Judge means a Judge of the Family Court (including the Chief Judge, the Deputy Chief Judge, a Judge Administrator or a Senior Judge).

financial corporation:
 (a) means a financial corporation within the meaning of paragraph 51(xx) of the Constitution; and
 (b) includes a body corporate that carries on as its sole or principal business the business of:
 (i) banking (other than State banking not extending beyond the limits of the State concerned); or
 (ii) insurance (other than State insurance not extending beyond the limits of the State concerned).

financial product means:
 (a) a facility for taking money on deposit (otherwise than as part-payment for identified services) made available in the course of conducting a banking business within the meaning of the 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