Document ID: chunk:federal_register_of_legislation:C2024C00826:clause:1_204:p6
Version: federal_register_of_legislation:C2024C00826
Segment Type: clause
Provision Reference: sch 1 cl 204 (pt 6/9)
Character Range: 1075028–1077936

includes:
 (a) any interest in, or power over, property securing obligations of a debtor or guarantor; or
 (b) a credit provider's title to land or goods subject to a sale by instalments; or
 (c) a mortgage taken to have been entered into under subsection 9(3);
but does not include a consumer lease to which Part 11 applies.
mortgage document means the document or documents setting out the terms of a mortgage by reference to which the mortgage is created.
mortgagor includes a prospective mortgagor.
motor vehicle has the meaning given by subsection 12BA(1) of the Australian Securities and Investments Commission Act 2001.
National Credit Act means the National Consumer Credit Protection Act 2009 and includes regulations made under section 329 of that Act, but does not include this Code.
number means:
 (a) a number expressed in figures or words; or
 (b) a letter; or
 (c) a combination of a number so expressed and a letter.
omit, in relation to a provision of this Code or an Act, includes repeal.
on demand facility means a credit contract or mortgage under which:
 (a) the total amount outstanding under the contract or mortgage is repayable at any time on demand by the credit provider; and
 (b) there is no agreement, arrangement or understanding between the credit provider and the debtor or mortgagor that repayment will only be demanded on the occurrence or non‑occurrence of a particular event.
penalty includes forfeiture or punishment.
permitted add‑on fee: see subsection 175AA(9).
permitted cap: see subsection 175AA(5).
permitted delivery fee: see subsection 175AA(7).
permitted establishment fee: see paragraph 31A(1)(a).
permitted installation fees: see subsection 175AA(8).
permitted monthly fee: see subsection 31A(2).
postponement request:
 (a) in relation to credit contracts, mortgages or guarantees—see subsection 94(1); and
 (b) in relation to consumer leases—see subsection 179H(1).
power includes authority.
practising lawyer means a person who is admitted to the legal profession by a federal court or a Supreme Court of a State or Territory and holds a practising certificate (however described) entitling the person to practise that profession.
printed includes typewritten, lithographed or reproduced by any mechanical means.
proceedings means a legal or other action or proceedings.
prohibited credit amount: see subsection 39A(1).
property means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action.
provision, in relation to this Code or an Act, means words or other matter that form or forms part of this Code or the Act, and includes:
 (a) a Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, subsubparagraph or Schedule of or to this Code or the Act; or
 (b) a section,