Commonwealth Numbered Acts

FUTURES INDUSTRY ACT 1986 No. 72 of 1986 - SECT 5

5. (1) In this Act, unless the contrary intention appears, "agreement" means
any agreement, arrangement or understanding-

   (a)  whether formal or informal or partly formal and partly informal;

   (b)  whether written or oral or partly written and partly oral; and

   (c)  whether or not having legal or equitable force and whether or not
        based on legal or equitable rights.

(2) Except so far as the contrary intention appears-

   (a)  a reference in this Act to an agreement includes a reference to-

        (i)    a proposed agreement;

        (ii)   an agreement as varied, or as proposed to be varied;

        (iii)  in a case where an agreement has been varied-the agreement as
               in force at any time before the variation; or

        (iv)   in a case where an agreement has been discharged-the agreement
               as in force at any time before its discharge; and

   (b)  a reference in this Act to a party to an agreement is, in the case of
        a proposed or discharged agreement, a reference to a person who would
        be a party to the agreement if the agreement were in effect.

(3) For the purposes of this Act, an agreement is of the same kind as another
agreement if, and only if, the provisions of the first-mentioned agreement are
the same as, or not materially different from, the provisions of the other
agreement, disregarding-

   (a)  the fact that the parties to the respective agreements are different;
        and

   (b)  any differences in the amounts payable under corresponding provisions
        of the respective agreements.