New South Wales Consolidated Acts

HOMEFUND COMMISSIONER ACT 1993 - SECT 3

3 Definitions

(1) In this Act:
"complaint" means a complaint under this Act.
"determination" means a determination under Part 5.
"exercise" of a function includes, if the function is a duty, the performance of the duty.
"FANMAC" means First Australian National Mortgage Acceptance Corporation Limited.
"FANMAC trustee" means the trustee of funds raised from time to time by FANMAC for the purposes of home lending.
"function" includes a power, authority or duty.
"guarantee" includes indemnity.
"HomeFund borrower" means the mortgagor under a HomeFund mortgage or the guarantor under an associated contract of guarantee, and includes:

(a) a person who was such a mortgagor or guarantor, and

(b) the estate of a deceased mortgagor or guarantor, where relevant.

"HomeFund Commissioner" means the HomeFund Commissioner appointed under this Act.
"HomeFund mortgage" means a mortgage executed by Permanent Trustee Company Limited as mortgagee in its capacity as FANMAC trustee, and includes:

(a) the credit contract secured by such a mortgage, and

(b) any contract of guarantee or other contract associated with such a mortgage or credit contract.

"investigation" means an investigation under this Act.
"mortgage" has the same meaning as in the Conveyancing Act 1919 .
"party" to a determination means a person or body named in the determination as being covered by the determination.
"public authority" has the same meaning as in the Ombudsman Act 1974 , but does not include a Minister of the Crown.

(2) If there is more than one HomeFund borrower connected with a particular HomeFund mortgage, references in this Act to the borrower or a borrower are (when applying to that mortgage) taken to be references to all or any of the borrowers.