12BAInterpretation

#### 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 savings account within the meaning of the Retirement Savings Accounts Act 1997; or (f) a superannuation interest within the meaning of the Superannuation Industry (Supervision) Act 1993; but does not include a foreign exchange contract. > financial service means a service that: (a) consists of providing a financial product; or (b) is otherwise supplied in relation to a financial product. > foreign corporation means a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and includes a body corporate that is incorporated in an external Territory. > misleading has the meaning given by section 12BB. > price includes a charge of any description. > provision, in relation to an understanding, means any matter forming part of the understanding. > 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 Trade Practices Act 1974; or (b) the performance of work under a contract of service. > 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. > Territory means: (a) an internal Territory; or (b) the Territory of Christmas Island; or (c) the Territory of Cocos (Keeling) Islands. > 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. > unsolicited financial services means financial services supplied to a person without any request made by the person or on the person’s behalf. (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 reference to conduct, when that expression is used as a noun otherwise than as mentioned in paragraph (a), 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 (c) a reference to refusing to do an act includes a reference to: (i) refraining (otherwise than inadvertently) from doing that act; or (ii) making it known that that act will not be done; and (d) a reference to a person offering to do an act, or to do an act on a particular condition, includes a reference to the person making it known that the person will accept applications, offers or proposals for the person to do that act or to do that act on that condition, as the case may be.