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Australia and New Zealand Banking Group Act 1996

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2Interpretation

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

  • ANZ” means Australia and New Zealand Banking Group Limited;

  • “appointed day” in relation to a transfer scheme means such day as may be specified under section 5 (2) of this Act as the appointed day for the scheme;

  • “customer” includes any person having a bank account or other dealing, transaction, agreement or arrangement with a Transferor;

  • “the date of registration” means the date on which Holdings or Grindlays as the case may be respectively becomes registered as a company incorporated under the laws of Victoria;

  • “document” has the same meaning as in section 10 of the [1968 c. 64.] Civil Evidence Act 1968;

  • “enactment” means any enactment in this Act or in any general or local Act or in any order, rule or regulation made under any Act;

  • “existing” means existing, outstanding or in force immediately before the appointed day for a transfer scheme;

  • “first appointed day” in relation to a Transferor means such day as may be specified under section 5 (2) of this Act as the earliest appointed day for a transfer scheme in relation to that Transferor;

  • “Grindlays” means ANZ Grindlays Bank plc;

  • “Holdings” means ANZ Holdings (UK) plc;

  • “liabilities” includes duties and obligations of every description;

  • “property” means property and assets of every description including property and assets held on trust or in a fiduciary capacity and rights, benefits and powers of every description;

  • “the registrar of companies” means the registrar or other officer performing under the [1985 c. 6.] Companies Act 1985 the duty of registration of companies in England;

  • “security” includes a mortgage or charge (whether legal or equitable), debenture, bill of exchange, promissory note, guarantee, lien, pledge (whether actual or constructive), hypothecation, assignment by way of security, indemnity, right of set-off, flawed asset arrangement, undertaking or other means of securing payment or discharge of a debt or liability;

  • “the Transferors” means Grindlays, National & Grindlays Bank Limited and ANZ Grindlays Executor & Trustee Company Limited and a reference to a “Transferor” is a reference to one of the Transferors;

  • “transfer scheme” means a scheme made under section 5 (Schemes for transfer to ANZ of property, liabilities, trusteeships and other appointments in United Kingdom) of this Act;

  • “trustee” includes a trustee or custodian trustee of any trust deed, settlement, covenant, agreement or will; executor of the will, or administrator of the estate, of a deceased person; judicial trustee appointed by order of any court; attorney for another person; or any other person acting in a fiduciary capacity;

  • “Victoria” means the State of Victoria in the Commonwealth of Australia; and

  • “will” includes a codicil and any other testamentary writing.

(1)Any reference in this Act to property or liabilities of a Transferor is a reference to property or liabilities wherever such property or liabilities are situated or arise and whether or not capable of being transferred or assigned by a Transferor and whether that Transferor is entitled or subject to the property or liabilities under the law of any part of the United Kingdom or under the law of any country or territory outside the United Kingdom.

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