3Definitions

3 Definitions

3 Definitions

In this Act, except in so far as the context or subject-matter otherwise indicates or requires:

appointed day means the day appointed and notified under section 2 (2).

CBA means The Commercial Bank of Australia Limited.

CBA Savings Bank means The Commercial Savings Bank of Australia Limited.

continuing bank means the body politic and corporate constituted by the Bank of New South Wales Act of 1850.

continuing savings bank means the corporation incorporated under the name “Bank of New South Wales Savings Bank Limited”.

excluded assets means:

(a) documents required by law to be kept by CBA or CBA Savings Bank,

(b) prescribed securities held, immediately before the appointed day, by or on behalf of CBA or CBA Savings Bank otherwise than by way of security,

(c) land held, immediately before the appointed day, by or on behalf of CBA or CBA Savings Bank otherwise than by way of security,

(d) property held, immediately before the appointed day, by CBA upon trust pursuant to section 180X (11) of the Companies Act 1961 of Victoria, and

(e) property held, immediately before the appointed day, by CBA for the trustees of the CBA Staff Superannuation Fund, the CBA Female Staff Superannuation Fund or the CBA Wages Staff Superannuation Fund.

instrument means an instrument (other than this Act) which creates, evidences, modifies or extinguishes rights or liabilities or would do so if it or a copy thereof were lodged, filed or registered under any Act or other law and includes any judgment, order and process of a court.

land includes any estate or interest in land, and any interest in respect of land.

legal proceedings includes an arbitration.

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective.

prescribed securities means securities within the meaning of the Securities Industry (New South Wales) Code.

property means property of every kind whether tangible or intangible, real or personal, corporeal or incorporeal, and without limiting the generality of the foregoing includes choses in action, goodwill, rights, interests and claims of every kind in or to property, whether arising from, accruing under, created or evidenced by or the subject of an instrument or otherwise and whether liquidated or unliquidated, actual, contingent or prospective.