QLDIn ForceAct
Duties Act 2001
sec.249What is an advance
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### sec.249 What is an advance
An advance is the provision or obtaining of funds by way of financial accommodation by—
a loan; or
a bill facility that is 1 or more agreements, understandings or arrangements as a consequence of which a bill of exchange or promissory note—
is drawn, accepted, endorsed or made; or
is held, negotiated or discounted.
Subsection (1) (b) applies whether or not the funds are obtained from—
the person who draws, accepts, endorses or makes the bill of exchange or promissory note; or
a person who is a party to any of the agreements, understandings or arrangements.
An advance includes a contingent liability under section 259 .
However, the term does not include an amount provided or obtained on the security of a mortgage for—
insurance of the secured property against fire; or
keeping or effecting a policy of life insurance; or
payment of duty for the security or any loan other than a current account secured by the mortgage.
(sec.249-ssec.1) An advance is the provision or obtaining of funds by way of financial accommodation by— a loan; or a bill facility that is 1 or more agreements, understandings or arrangements as a consequence of which a bill of exchange or promissory note— is drawn, accepted, endorsed or made; or is held, negotiated or discounted.
(sec.249-ssec.2) Subsection (1) (b) applies whether or not the funds are obtained from— the person who draws, accepts, endorses or makes the bill of exchange or promissory note; or a person who is a party to any of the agreements, understandings or arrangements.
(sec.249-ssec.3) An advance includes a contingent liability under section 259 .
(sec.249-ssec.4) However, the term does not include an amount provided or obtained on the security of a mortgage for— insurance of the secured property against fire; or keeping or effecting a policy of life insurance; or payment of duty for the security or any loan other than a current account secured by the mortgage.
- (a) a loan; or
- (b) a bill facility that is 1 or more agreements, understandings or arrangements as a consequence of which a bill of exchange or promissory note— (i) is drawn, accepted, endorsed or made; or (ii) is held, negotiated or discounted.
- (i) is drawn, accepted, endorsed or made; or
- (ii) is held, negotiated or discounted.
- (i) is drawn, accepted, endorsed or made; or
- (ii) is held, negotiated or discounted.
- (a) the person who draws, accepts, endorses or makes the bill of exchange or promissory note; or
- (b) a person who is a party to any of the agreements, understandings or arrangements.
- (a) insurance of the secured property against fire; or
- (b) keeping or effecting a policy of life insurance; or
- (c) payment of duty for the security or any loan other than a current account secured by the mortgage.