New South Wales Consolidated Acts

AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED (NMRB) ACT 1991 - SECT 3

3 Definitions

(1) In this Act:
"ANZ" means Australia and New Zealand Banking Group Limited.
"ANZ Savings Bank" means Australia and New Zealand Savings Bank Limited.
"appointed day" means the day fixed under subsection (2).
"category A liabilities" means the liabilities described in Part 1 of Schedule 1.
"category A property" means the property described in Part 2 of Schedule 1.
"category A undertaking of NMR Savings Bank" means all of the category A property vested in or belonging to or held by NMR Savings Bank immediately before the appointed day and all of the category A liabilities to which NMR Savings Bank is subject immediately before that day.
"category B undertaking of NMR Savings Bank" means the business and all of the property of NMR Savings Bank (except any category A property and any right or power of NMR Savings Bank relating to any category A property and any excluded asset and any right or power of NMR Savings Bank relating to any excluded asset) vested in or belonging to or held by that bank immediately before the appointed day and all of the liabilities (except category A liabilities) to which NMR Savings Bank is subject immediately before that day.
"Chief Executive Officer", in relation to a bank, means the officer in charge of the day to day management of the affairs of that bank or a person appointed by the Chief Executive Officer in writing.
"excluded assets" means:

(a) any document required to be kept by NMRB or by NMR Savings Bank under the Corporations Law of New South Wales or otherwise by law,

(b) any land which, immediately before the appointed day, is vested in, belongs to, or is held by, NMRB or NMR Savings Bank otherwise than by way of security and while so continuing to be vested in, belonging to, or held by, such bank after that day,

(c) shares (including redeemable preference shares) held by NMRB in:

(i) NMR Savings Bank,

(ii) ANZ Capel Court Limited,

(iii) NMRB Management Services Limited,

(iv) NMRB Investments Limited,

(v) NMRB Finance Limited,

(vi) RBC Australia Finance Limited,

(vii) Royaust Management Limited (in liquidation),

(viii) Royaust Properties Pty. Limited (in liquidation),

(ix) Funds Transfer Services (Australia) Limited, and

(x) The Yulara Development Company Limited, and

(d) shares held by NMR Savings Bank in:

(i) NMRB Insurance (Agents) Pty Limited,

(ii) NMRB Travel Services Pty Limited (in liquidation),

(iii) Ecomel Pty. Limited,

(iv) Elgeba Pty. Limited,

(v) Excelsior Holdings Pty. Limited (in liquidation), and

(vi) F.T.S. (N.S.W.) LTD.

"land" includes any estate, interest or right (whether legal or equitable) in, over or under any real or leasehold property.
"liabilities" includes duties and obligations of every description, whether actual, contingent or prospective, but does not include any duty or obligation relating to an excluded asset.
"NMRB" means National Mutual Royal Bank Limited.
"NMR Savings Bank" means National Mutual Royal Savings Bank Limited.
"property" means property and assets of every description, and includes securities, rights and powers of every description.
"security" includes a mortgage (whether legal or equitable), charge, debenture, bill of exchange, promissory note, guarantee, lien, pledge or other means of securing the payment of a debt, whether present or future, or the discharge of an obligation or liability, whether actual or contingent.
"undertaking of NMRB" means the business and all of the property of NMRB (except any excluded asset and any right or power of NMRB relating to any excluded asset) vested in or belonging to or held by that bank immediately before the appointed day and all of the liabilities to which that bank is subject immediately before that day.

(2) The Governor may, by proclamation, appoint a day for the purposes of this Act.

Note: Day appointed for the purposes of this Act, 16.11.1991. See Gazette No 159 of 15.11.1991, p 9514.