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. > add‑on insurance deferral period has the meaning given by section 12DP. > add‑on insurance pre‑deferral period has the meaning given by section 12DP. > add‑on insurance product, in relation to a product or service, has the meaning given by section 12DO. > add‑on risk product has the meaning given by subsection 12DMC(2). > assert a right to payment has the meaning given by section 12BEA. > Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 as applied under Subdivision A of Division 2 of Part XI of that Act. > 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. > civil penalty provision has the meaning given by subsection 12GBA(6). > commission includes: (a) any financial or other benefit in the nature of a commission; and (b) in relation to an add‑on risk product provided to a person in connection with the person providing a warranty to another person—the amount (if any) by which the consideration for the warranty exceeds so much of the consideration for the add‑on risk product as relates to the warranty. It may take any form of monetary consideration, or any form of non‑monetary consideration to which a monetary value can be assigned. > conduct has the meaning given by subsection (2). > consumer has the meaning given by section 12BC. > consumer contract has the meaning given by subsection 12BF(3). > contract has the meaning given by section 12BE. > 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. > enforcement proceeding means a proceeding instituted under Subdivision G of Division 2 of Part 2 (other than sections 12GNB, 12GNE and 12GNF). > engage in conduct has the meaning given by subsection (2). > 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 has the meaning given by section 12BAA. > financial service has the meaning given by section 12BAB. > individual fine formula means the formula set out in subsection 93D(3). > infringement notice means an infringement notice issued under section 12GX. > Insurance Contracts Act insurance contract means a contract of insurance to which the Insurance Contracts Act 1984 applies. > long‑term lease, of a motor vehicle, means a contract for the hire of the motor vehicle for a fixed period of more than 4 months, or for an indefinite period. > misleading includes the meaning given by section 12BB. > money has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999. > motor vehicle means: (a) any motor‑powered vehicle of a kind intended for use as land transport (other than rail transport), whether or not it is for use on a road; or (b) any other vehicle of a kind intended to be towed by such a motor‑powered vehicle; but does not include a vehicle (other than a vehicle for use on a road) that is of a kind intended primarily for use by persons with restricted mobility. > National Credit Code has the same meaning as in the National Consumer Credit Protection Act 2009. > non‑party means: (a) in relation to conduct—a person who is not, or has not been, a party to an enforcement proceeding in relation to the conduct; or (b) in relation to a term of a contract—a person who is not, or has not been, a party to an enforcement proceeding in relation to the term. > payment period for an infringement notice, has the meaning given by section 12GXC. > pecuniary penalty order has the meaning given by subsection 12GBB(4). > price includes a charge of any description. > provision, in relation to an understanding, means any matter forming part of the understanding. > registrable superannuation entity has the same meaning 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 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.