6Terms used

6. Terms used

(1) In this Act, unless the context otherwise requires, —

bank means —

(a) an ADI (authorised deposit‑taking institution) as defined in section 5 of the Banking Act 1959 of the Commonwealth; or

(b) a bank constituted by a law of a State, a Territory or the Commonwealth;

bankrupt includes insolvent;

benefit, in relation to any person, includes insurance on the life of that person;

contingent right, in relation to land, includes a contingent or executory interest and a possibility coupled with an interest, whether the object of the gift or limitation of the interest or possibility is or is not ascertained; and also a right of entry, whether immediate or future, and whether vested or contingent;

conveyance, as applied to any person, includes the execution or doing by that person of every necessary or suitable assurance, act, and thing for conveying, transferring, assigning, appointing, surrendering or otherwise disposing of property; and to convey has a corresponding meaning;

Court means the Supreme Court of Western Australia or a judge thereof;

execute includes the doing of all acts and things necessary for a conveyance, and with reference to an instrument not under seal means sign, and derivatives of “execute” have corresponding meanings;

income includes rents and profits other than profits that under any rule of law are in the nature of capital;

instrument includes an Act of Parliament;

land includes —

(a) land of any tenure; and

(b) mines and minerals, whether or not severed from the surface; and

(c) buildings or parts of buildings, whether the division is horizontal, vertical or made in any other way; and

(d) any other corporeal hereditament; and

(e) a rent and other incorporeal hereditaments; and

(f) an easement, right, privilege, share, interest or benefit in, over or derived from land;

and, in this definition, mines and minerals includes any strata or seams or minerals or substances in or under any land, and powers of working or getting them and hereditament means real property that under an intestacy might at common law have devolved on an heir;

lease includes a bailment;

mortgagee includes every person having an estate or interest regarded at law or in equity as merely a security for money and every person deriving title to the mortgage under the original mortgagee; and mortgage has a corresponding meaning;

payment, in relation to stocks and securities, includes the deposit or transfer of them; and to pay has a corresponding meaning;