Document ID: chunk:federal_register_of_legislation:C2025C00182:section:12ba:p3
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 12BA (pt 3/4)
Character Range: 58918–61733

as in the Superannuation Industry (Supervision) Act 1993.
relinquishment order has the meaning given by subsection 12GBCC(1).
rely on, in relation to a term of a consumer contract or small business contract, includes the following:
 (a) attempt to enforce the term;
 (b) attempt to exercise a right conferred, or purportedly conferred, by the term;
 (c) assert the existence of a right conferred, or purportedly conferred, by the term.
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 Competition and Consumer Act 2010; or
 (b) the performance of work under a contract of service.
small business contract has the meaning given by subsection 12BF(4).
standard form contract has a meaning affected by section 12BK.
subject to an infringement notice under Subdivision GB of Division 2 of Part 2, has the meaning given by section 12GXA.
substantiation notice means a notice under section 12GY.
substantiation notice compliance period for a substantiation notice has the meaning given by subsection 12GYB(2).
superannuation trustee service has the same meaning as in the Corporations Act.
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.
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.
transparent, in relation to a term of a consumer contract or small business contract, has the meaning given by subsection 12BG(3).
unfair, in relation to a term of a consumer contract or small business contract, has the meaning given by subsection 12BG(1).
unsolicited financial services means financial services supplied to a person without any request made by the person or on the person's behalf.
upfront price has the meaning given by subsection 12BI(2).
 (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