Western Australian Current Acts

STATE BANK OF SOUTH AUSTRALIA (TRANSFER OF UNDERTAKING) ACT 1994 - SECT 3

3 .         Terms used in this Act

                In this Act —

        appointed day means a day fixed as the appointed day by proclamation under the South Australian Act;

        asset means property including property held in a fiduciary capacity;

        BSAL means the public company with the name “Bank of South Australia Limited” formed under the Corporations Law;

        CEO of BSAL means the chief executive officer of BSAL (however described) or a delegate of the chief executive officer;

        corresponding law means the South Australian Act or a law of another State or a Territory providing for the transfer of assets and liabilities between —

            (a)         SBSA or SBSA subsidiaries; and

            (b)         BSAL;

        document includes any disc, tape or other medium in which information is stored;

        guarantee includes indemnity;

        instrument includes a legislative instrument and a judgment, order or process of a court;

        legal proceedings includes an arbitration and an administrative proceeding;

        liability means a present, future or contingent liability (arising either at law or in equity) and includes a duty or non-pecuniary obligation;

        property means real or personal property and includes —

            (a)         a chose in action; and

            (b)         a present, future or contingent right, privilege, interest or power;

        SBSA means the State Bank of South Australia or, according to the context, that body as continued in existence under the name the “South Australian Asset Management Corporation”;

        SBSA subsidiary means any company specified in, or classified by proclamation under, the South Australian Act as an SBSA subsidiary;

        security means —

            (a)         a mortgage, charge, lien, or pledge; or

            (b)         a guarantee; or

            (c)         any other security for, or instrument relating to, the payment of money or the discharge of any other liability;

        South Australian Act means the State Bank (Corporatisation) Act 1994 of South Australia, as amended from time to time;

        South Australian Treasurer means the Treasurer of South Australia, and includes, in relation to a particular power or function under this Act, a Minister of the Crown in right of South Australia exercising or performing the power or function by delegation of the Treasurer of South Australia;

        transfer period means the transfer period within the meaning of the South Australian Act;

        transferred asset means an asset transferred to BSAL (and not re-transferred to SBSA or an SBSA subsidiary) under this Act or a corresponding law;

        transferred liability means a liability transferred to BSAL (and not re-transferred to SBSA or an SBSA subsidiary) under this Act or a corresponding law;

        Treasurer means the Treasurer of this State.