(1) In any Act or instrument:affidavit, in the case of persons for the time being allowed by law to affirm, declare or promise, includes affirmation, declaration and promise.
amend, in relation to an Act or instrument, includes alter and vary.
ASC Law has the same meaning as ASIC Law.
ASC Regulations has the same meaning as ASIC Regulations when used in relation to the ASIC Law.
Australia means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory.
Australia Acts means the
Australia Act 1986 of the Commonwealth and the
Australia Act 1986 of the United Kingdom.
authorised deposit-taking institution or
ADI means an authorised deposit-taking institution within the meaning of the
Banking Act 1959 of the Commonwealth.
bank means:
(a) a bank as defined by section 5 of the Banking Act 1959 of the Commonwealth, or
(b) a bank constituted under a law of a State or Territory.
British Act or Imperial Act means an Act of the British Parliament.
British Parliament or
Imperial Parliament means:
(a) the Parliament of England,
(b) the Parliament of Great Britain,
(c) the Parliament of the United Kingdom of Great Britain and Ireland, or
(d) the Parliament of the United Kingdom of Great Britain and Northern Ireland,
as the case requires.
calendar month means a period commencing at the beginning of a day of one of the 12 named months and ending:
(a) immediately before the beginning of the corresponding day of the next named month, or
(b) if there is no such corresponding day, at the end of the next named month.
calendar year means a period of 12 months commencing on 1 January.
committal proceedings means proceedings for the purpose of deciding whether a person charged with an offence should be committed for trial or sentence.
Commonwealth means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory.
Commonwealth Constitution means the Constitution of the Commonwealth.
contravene includes fail to comply with.
Corporations legislation means the Corporations legislation to which Part 1.1A of the
Corporations Act 2001 of the Commonwealth applies.
Corporations Regulations:
(b) when used in relation to the Corporations Act 2001 of the Commonwealth, means regulations made under, or taken to be made under, that Act.
date of assent, in relation to an Act, means the day on which the Act receives the Royal Assent.
definition means a provision of an Act or instrument (however expressed) that:
(a) gives a meaning to a word or expression, or
(b) limits or extends the meaning of a word or expression.
document means any record of information, and includes:
(a) anything on which there is writing, or
(b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them, or
(c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else, or
(d) a map, plan, drawing or photograph.
estate includes interest, charge, right, title, claim, demand, lien and encumbrance, whether at law or in equity.
Executive Council means the Executive Council of New South Wales.
external Territory means a Territory, not being an internal Territory, for the government of which as a Territory provision is made by a Commonwealth Act.
foreign country means any country (whether or not an independent sovereign state) outside Australia and its external Territories.
Gas Pipelines Access (New South Wales) Law means the provisions applying because of section 7 of the
Gas Pipelines Access (New South Wales) Act 1998, including the
National Third Party Access Code for Natural Gas Pipeline Systems, as in force from time to time, referred to in that Act.
Gazette means the New South Wales Government Gazette.
Government means the Government of New South Wales.
Government Printer means the Government Printer of New South Wales, and includes any other person authorised by or on behalf of the Government to print any Act or instrument or other document.
High Court means the High Court of Australia.
indictable offence means an offence for which proceedings may be taken on indictment, whether or not proceedings for the offence may also be taken otherwise than on indictment.
individual means a natural person.
internal Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory.
justice means a Justice of the Peace.
land includes messuages, tenements and hereditaments, corporeal and incorporeal, of any tenure or description, and whatever may be the estate or interest therein.
Legislative Assembly means the Legislative Assembly of New South Wales.
Legislative Council means the Legislative Council of New South Wales.
make, in relation to an instrument, includes issue and grant.
mentally incapacitated person means a person who is a temporary patient, a continued treatment patient or a forensic patient within the meaning of the
Mental Health Act 1990, or a protected person within the meaning of the
Protected Estates Act 1983.
midnight, in relation to a particular day, means the point of time at which that day ends.
minor means an individual who is under the age of 18 years.
minor indictable offence means an indictable offence that is not a serious indictable offence.
month means a calendar month.
named month means January, February, March, April, May, June, July, August, September, October, November or December.
Northern Territory means the Northern Territory of Australia.
oath, in the case of persons for the time being allowed by law to affirm, declare or promise, includes affirmation, declaration and promise.
office includes position.
Parliament means the Parliament of New South Wales.
party includes an individual, a corporation and a body corporate or politic.
penalty includes forfeiture and punishment.
person includes an individual, a corporation and a body corporate or politic.
Police Force means that part of NSW Police which is comprised of police officers.
police officer means a member of NSW Police who is a police officer within the meaning of the
Police Act 1990.
proclamation means a proclamation of the Governor published in the Gazette.
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, including money, and includes things in action.
registered chiropractor and each of the following expressions means a chiropractor registered under the
Chiropractors Act 2001:
(b) legally (or duly) qualified chiropractor,
(c) qualified chiropractor.
registered medical practitioner and each of the following expressions means a medical practitioner registered under the
Medical Practice Act 1992:
• legally (or duly) qualified medical practitioner
• qualified medical practitioner.
registered osteopath and each of the following expressions means an osteopath registered under the
Osteopaths Act 2001:
(b) legally (or duly) qualified osteopath,
registered physiotherapist and each of the following expressions means a physiotherapist registered under the
Physiotherapists Act 2001:
(b) legally (or duly) qualified physiotherapist,
(c) qualified physiotherapist.
registered psychologist and each of the following expressions means a psychologist registered under the
Psychologists Act 2001:
(b) legally (or duly) qualified psychologist,
(c) qualified psychologist.
repeal, in relation to an instrument, includes revoke and rescind.
rules of court, in relation to a court or tribunal, means rules made by the person or body having power to make rules regulating the practice and procedure of the court or tribunal.
serious indictable offence means an indictable offence that is punishable by imprisonment for life or for a term of 5 years or more.
sign includes the affixing of a seal and the making of a mark.
Standards Australia means Standards Australia International Limited (ACN 087 326 690), and includes a reference to the Standards Association of Australia as constituted before 1 July 1999.
State means a State of the Commonwealth.
statutory declaration means a declaration made by virtue of any Act authorising a declaration to be made instead of an oath.
statutory rule means:
(a) a regulation, by-law, rule or ordinance:(i) that is made by the Governor, or
(ii) that is made by a person or body other than the Governor, but is required by law to be approved or confirmed by the Governor, or
summary offence means an offence that is not an indictable offence.
swear, in the case of persons for the time being allowed by law to affirm, declare or promise, includes affirm, declare and promise.
Territory means a Territory of the Commonwealth.
the State means the State of New South Wales.
United Kingdom means the United Kingdom of Great Britain and Northern Ireland.
writing includes printing, photography, photocopying, lithography, typewriting and any other mode of representing or reproducing words in visible form.
s 21: Am 1990 No 11, Sch 2; 1990 No 48, Sch 1; 1990 No 83, Sch 1; 1990 No 108, Sch 2; 1991 No 53, Sch 1; 1992 No 46, Sch 1; 1992 No 94, sec 197; 1995 No 7, Sch 1; 1995 No 16, Sch 1; 1995 No 27, Sch 1; 1995 No 99, Sch 1; 1996 No 17, Sch 5; 1996 No 24, Sch 1; 1997 No 11, Sch 1.10; 1997 No 20, Sch 1.7 [1]; 1997 No 77, Sch 6.2; 1998 No 41, Sch 1.4 [1]; 1999 No 1, Sch 2.2 [1]–[3]; 1999 No 85, Sch 1.16 [1]; 1999 No 94, Sch 4.33 [1], 4.122; 2001 No 15, Sch 6.3; 2001 No 16, Sch 6.3; 2001 No 34, Sch 4.26 [1]; 2001 No 67, Sch 6.4; 2001 No 69, Sch 6.2; 2002 No 43, Sch 7.4 [1]; 2002 No 51, Sch 2.3.