Document ID: chunk:federal_register_of_legislation:C2024C00826:clause:1_204:p4
Version: federal_register_of_legislation:C2024C00826
Segment Type: clause
Provision Reference: sch 1 cl 204 (pt 4/9)
Character Range: 1070005–1072820

relation to consumer leases—see section 179D.
default rate: see section 27.
definition means a provision of this Code (however expressed) that:
 (a) gives a meaning to a word or expression; or
 (b) limits or extends the meaning of a word or expression.
direct debit, in relation to the payment of an amount, means the debiting of an amount against an account with a financial institution that is processed through the Bulk Electronic Clearing System, as specified and authorised in writing by:
 (a) in relation to the payment by a debtor of an amount for a credit contract—the debtor; and
 (b) in relation to the payment by a lessee of an amount for a consumer lease—the lessee.
dispose of property includes:
 (a) sell the property; or
 (b) part with possession of the property to the prejudice of the owner or a mortgagee of the property; or
 (c) destroy the property.
electronic communication has the same meaning as in the Electronic Transactions Act 1999.
enforcement expenses, in relation to a mortgage, includes expenses incurred by the mortgagee in preserving or maintaining property subject to the mortgage (including insurance, rates and taxes payable for the property) but only if the expenses are incurred after a breach occurs and are authorised by the mortgage.
enforcement proceedings means:
 (a) for a credit contract, consumer lease or guarantee—proceedings in a court to recover a payment due under the contract, lease or guarantee; or
 (b) for a consumer lease or mortgage—taking possession of property under the lease or mortgage; or
 (c) for a mortgage—taking any other action to enforce the mortgage.
engage in conduct means:
 (a) do an act; or
 (b) omit to perform an act.
fail includes refuse.
goods includes:
 (a) ships, aircraft or other vehicles; or
 (b) animals, including fish; or
 (c) minerals, trees or crops, whether on, under or attached to land or not;
but does not include anything declared by the regulations not to be goods for the purposes of this Code.
goods mortgage means a mortgage over goods.
guarantee includes an indemnity (other than one arising under a contract of insurance).
guarantee document means the document or documents setting out the terms of a guarantee.
guarantor includes a prospective guarantor.
hardship notice:
 (a) in relation to credit contracts—see subsection 72(1); and
 (b) in relation to consumer leases—see subsection 177B(1).
household goods means goods of a kind ordinarily acquired for domestic or household purposes.
insolvent means:
 (a) in the case of a natural person—a person who is an insolvent under administration; or
 (b) in the case of a corporation—a corporation that is an externally‑administered corporation within the meaning of the Corporations Act 2001.
instrument includes a statutory instrument.
interest, in relation to land