Definitions
3 Definitions
In this Act—
arrangement means any agreement, arrangement, understanding, promise or undertaking whether express or implied or any transaction;
Australia means the Commonwealth of Australia and includes the territories of the Commonwealth;
S. 3(1) def. of authorised deposit-taking institution inserted by No. 11/2001 s. 3(Sch. item 7.1(a)).
authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;
S. 3(1) def. of authority amended by Nos 99/1993 s. 5, 100/1995 s. 4(1), substituted by No. 23/2022 s. 3.
authority means a person or body that is prescribed;
S. 3(1) def. of bank amended by No. 99/1993 s. 9, repealed by No. 11/2001 s. 3(Sch. item 7.1(b)).
* * * * *
financial accommodation means a financial benefit or assistance to obtain a financial benefit arising from or as a result of—
a loan;
issuing, endorsing or otherwise dealing in promissory notes;
drawing, accepting, endorsing or otherwise dealing in bills of exchange;
issuing, purchasing or otherwise dealing in securities;
granting or taking a lease of any real or personal property for financing but not for operating purposes;
any other arrangement that the Governor in Council on the recommendation of the Treasurer approves;
S. 3(1) def. of financial arrangement substituted by No. 100/1995 s. 4(3).
financial arrangement means an arrangement establishing rights and obligations to receive or deliver property the value of which, or to receive or make a payment in an amount which, or the value of which—
depends on, or is derived from, the value, or price, at a particular future time or during a particular future period, of particular property, rights or liabilities; or
depends on, or is derived by reference to, a particular rate, index or other factor at a particular future time or during a particular future period;
S. 3(1) def. of invest amended by No. 56/2016 s. 14.
invest includes acquisition, sale or divestment of an investment and entering into a transaction or arrangement for the protection or enhancement of investments;
lease means—
any lease, licence, charter or hiring arrangement of any real or personal property; or
any arrangement under which a right to use, operate, manage or provide services in respect of any real or personal property is granted by the owner to another person;
prescribed means prescribed by the regulations;
S. 3(1) def. of property inserted by No. 100/1995 s. 4(2).
property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
security includes inscribed stock and debenture, bond, debenture stock, notes or any other document creating, evidencing or acknowledging indebtedness in respect of financial accommodation whether constituting a charge on property of an authority or not.
An approval given under this Act may be given unconditionally or subject to such conditions as the Governor in Council or the Treasurer, as the case may be, thinks fit.
S. 3A inserted by No. 99/1993 s. 6, substituted by No. 23/2022 s. 4.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Borrowing and Investment Powers (Authority) Regulations 2022 · under section 31
- Borrowing and Investment Powers (Guarantees) Regulations 2017 · under section 18
- Borrowing and Investment Powers (Inscribed Stock) Regulations 2018 · under section 18
This Act’s bill:Second reading speech
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