New South Wales Consolidated Acts

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6 Definitions

(1) In this Act, unless the context or subject matter otherwise indicates or requires:

"Civil act" means:
(a) a contract,
(b) an election to rescind or determine a contract for fraud, mistake, breach or otherwise,
(c) a disposition of property,
(d) a disclaimer,
(e) an acknowledgment of receipt of property,
(f) a discharge or acquittance,
(g) an exercise of a power under a contract or under a settlement, will or other instrument,
(h) an assent or consent to, acquiescence in, or acknowledgment or waiver of, any matter by a person affecting the person's rights or obligations under a contract or relating to property,
(i) a release of any cause of action,
(j) a grant of any leave or licence,
(k) an election in relation to rights under a will or other instrument, or in relation to conversion as between realty and personalty, or
(l) an act done:
(i) in relation to the formation,
(ii) in relation to becoming or ceasing to be a member or officer, or
(iii) as a member or officer:
of a partnership, or of an association, company or society, whether a corporation or not,
(m) without limiting the generality of the foregoing, any act relating to contractual or proprietary rights or obligations or to any chose in action:
whether having effect at law or in equity.

"Disposition of property" includes:
(a) a conveyance, transfer, assignment, appointment, settlement, mortgage, delivery, payment, lease, bailment, reconveyance or discharge of mortgage,
(b) the creation of a trust,
(c) the release or surrender of any property, and
(d) the grant of a power in respect of property:
whether having effect at law or in equity.

"Minor" means a person under the age of 18 years; and
"minority" has a corresponding meaning.

"Minor participant" , in relation to a civil act, means a person who, while the person is a minor, participates in the civil act.

"Party" , in relation to a civil act, includes a person who does, makes, accepts, suffers or joins in the civil act; and
"participate" and
"participant" have corresponding meanings.

"Property" includes real and personal property and any estate or interest in property real or personal, and money, and any debt, and any cause of action for damages (including damages for personal injury), and any other chose in action, and any other right or interest.
(2) The making of a will, whether in exercise of a power of appointment or otherwise, or the revocation of a will, is not a civil act and is not a disposition of property for the purposes of this Act.
(3) Where a person participates in a civil act while a minor and by this Act the civil act is or becomes presumptively binding on the person:
(a) the civil act is, at and after the time of the person's participation, as binding on the person and the person's personal representative and has effect as if the person were not under the disability of infancy at the time of the person's participation, and
(b) except where other provision is made by this Act, the civil act is binding and has effect as mentioned in paragraph (a) in favour of all persons.

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