82Definitions

82 Definitions In this Act (except as to Part IV), unless the context otherwise requires: The expression bank means an ADI that is permitted under the Banking Act 1959 of the Commonwealth to assume or use: (a) the word bank, banker or banking; or (b) any other word (whether or not in English) that is of like import to a word referred to in paragraph (a). The expression contingent right as applied to land, includes a contingent or executory interest, a possibility coupled with an interest, whether the object of the gift or limitation of the interest or possibility is or is not ascertained; also a right of entry, whether immediate or future, and whether vested or contingent. The expressions convey and conveyance applied to any person include the execution by that person of every necessary or suitable transfer or assurance for conveying, assigning, appointing, surrendering, or otherwise transferring or disposing of land to which he is entitled or of which he is seised or possessed, or wherein he is entitled to a contingent right, either for his whole estate or for any less estate, together with the performance of all formalities or acts required by law under the Land Title Act 2000 or otherwise for the validity or completion of the conveyance, including the acts to be performed by married women and tenants in tail for perfect conveyance and assurance under the Acts for the time being in force in that behalf. The expression devisee includes the heir of a devisee and the devisee of an heir, and any person who may claim right by devolution of title of a similar description. The expression disposition includes: (a) the conferring or exercising of a power of appointment or any other power or authority to dispose of property; and (b) an alienation of property. The expression instrument includes Act of Parliament.

Proclamation in the Government Gazette 39 The expression land includes incorporeal as well as corporeal hereditaments, and any estate or interest therein, and also an undivided share of land. The expression lunatic means any person who shall have been found to be a lunatic upon inquiry by the Supreme Court, or upon a commission of inquiry issuing out of the Supreme Court in the nature of a writ of de lunatico inquirendo. The expressions mortgage and mortgagee include and relate to every estate and interest regarded in equity as merely a security for money, and every person deriving title under the original mortgagee. The expressions pay and payment" as applied in relation to stocks and securities, and in connection with the expression into Court, include the deposit or transfer of the same in or into Court. The expression person of unsound mind means any person, not an infant who, not having been found to be a lunatic, shall be incapable from infirmity of mind of managing his own affairs. The expression possessed applies to receipt of income of and to any vested estate less than a life estate, legal or equitable, in possession or in expectancy, in, any land. The expression property includes real and personal property, and any estate and interest in any property, real or personal, and any debt, and any thing in action, and any other right or interest, whether in possession or not. The expression representative means an executor or administrator, and includes the Public Trustee, where he or she is administering the estate of a deceased person under section 35 of the Public Trustee Act 1979 in cases where the Supreme Court shall have authorized him to administer the estate of a deceased person. The expression securities includes stocks, funds, and shares. The expression stock includes fully paid up shares, and, so far as relates to vesting orders made by the Court under this Act, includes any fund, annuity, or security transferable in books kept by any company or society, or by instrument of transfer either alone or accompanied by other formalities, and any share or interest therein. The expression Supreme Court includes a Judge of the Supreme Court.