Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p3
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 5356–8172

means any matter forming part of the understanding;";
     (l) by inserting in sub-section (1), after the definition of "Registrar", the following definition: —
        "'require', in relation to the giving of a covenant, means require or demand the giving of a covenant, whether by way of making a contract containing the covenant or otherwise, and whether or not a covenant is given in pursuance of the requirement or demand;";
     (m) by omitting from sub-section (1) the definitions of "services" and "share" and substituting the following definitions:—
        "'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, and without limiting the generality of the foregoing, includes the rights, benefits, privileges or facilities that are, or are to be, provided, granted or conferred under—
           (a) a contract for or in relation to—
               (i) the performance of work (including work of a professional nature), whether with or without the supply of goods;
               (ii) the provision of, or of the use or enjoyment of facilities for, amusement, entertainment, recreation or instruction; or
               (iii) the conferring of rights, benefits or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction;
           (b) a contract of insurance;
           (c) a contract between a banker and a customer of the banker entered into in the course of the carrying on by the banker of the business of banking; or
           (d) any contract for or in relation to the lending of moneys,
        but does not include rights or benefits being the supply of goods or the performance of work under a contract of service;
        'share' includes stock;";
     (n) by adding at the end of sub-section (1) the following definition:—
        "'unsolicited services' means services supplied to a person without any request made by him or on his behalf."; and
      (o) by omitting sub-sections (2), (3) and (4) and substituting the following sub-sections:—
"(2) In this Act—
     (a) a reference to engaging in conduct shall be read as a reference to doing or refusing to do any act, including the making of, or the giving effect to a provision of, a contract or arrangement, the arriving at, or the giving effect to a provision of, an understanding or the requiring of the giving of, or the giving of, a covenant;
     (b) a reference to conduct, when that expression is used as a noun otherwise than as mentioned in paragraph (a), shall be read as a reference to the doing of or the refusing to do any act, including the making of, or the giving effect to a provision of, a contract or