9BInterpretation

1. In this Part, unless the context otherwise requires,—

   advertising means any form of communication—

   1. that is to be, or has been, distributed to a person; and
   2. that is reasonably likely to induce a person to inquire about or apply for an agreement; and
   3. that is authorised or instigated by, or on behalf of, the lender or an associated person of the lender, or prepared with the co-operation of any of those persons

   agreement means—

   1. a consumer credit contract:
   2. a buy-back transaction

   borrower means any person who has entered into, or is seeking to enter into, an agreement with a lender

   distribute includes—

   1. make available, publish, and circulate; and
   2. communicate by letter, newspaper, an Internet site, broadcasting, an audio or visual service, sound recording, television, film, video, or any form of electronic or other means of communication

   finance means finance provided under a buy-back transaction

   lender means—

   1. a creditor under a consumer credit contract:
   2. a transferee under a buy-back transaction

   relevant guarantee means a guarantee given, or proposed to be given, by a natural person in respect of a consumer credit contract, but does not include a guarantee under which the guarantor is a trustee acting in their capacity as a trustee of a family trust or as a partner of a partnership under the Partnership Act 1908

   relevant insurance contract means, in relation to a lender, a credit-related insurance contract entered into, or to be entered into, by a borrower if—

   1. the borrower has also entered into, or is seeking to enter into, an agreement with the lender; and
   2. the insurance is arranged by the lender.

2. For the purposes of this Part, insurance is arranged by the lender if 1 or more of the following applies:

3. the lender is the insurer:
4. the lender acts as the agent of the insurer in relation to the insurance:
5. the lender receives a commission in relation to the insurance:
6. the lender requires the borrower to obtain the insurance from a particular insurer or particular insurers:
7. the lender has in place any arrangement that has the effect of requiring the borrower to obtain the insurance from a particular insurer or particular insurers:
8. the insurance is financed under the agreement entered into by the borrower and the lender.

9. If a security interest is or may be taken in connection with an agreement, the contract or arrangement that creates or provides for the security interest is to be treated as forming part of the agreement for the purposes of this Part.

10. If an agreement involves a repayment waiver or an extended warranty, the repayment waiver or extended warranty is to be treated as forming part of the agreement for the purposes of this Part.