Terms and conditions for NAB Foreign Currency Term Deposit
Terms and Conditions
Effective 23 December 2011
Important Information
- About this booklet
- Meaning of words
- Financial difficulty
- Financial Claims Scheme
- Code of Banking Practice
- Complaints
- Privacy
NAB Foreign Currency Term Deposit
Terms and conditions
- Deposit term
- Deposit amount
- Applications
- Making deposits
- Confirmation Record
- Interest
- Interest payments
- Early repayment
- Maturity
- Currency and conversion
- Statements
- Bank fees
- Government charges and taxes
- Tax file number
- Joint product holders
- Account authority
- Your responsibility
- NAB's discretion
- NAB's liability
- Changes NAB may make
- How will NAB notify you of changes?
- How should you notify NAB of changes?
- Anti-money laundering and counter terrorism financing
- Definitions - meaning of words
Want to know more?
Important Information
About this booklet
This booklet contains the terms and conditions for NAB Foreign Currency Term Deposits. It is important you read and understand these terms and conditions before making a decision to acquire a NAB Foreign Currency Term Deposit. Any advice or information in this booklet has been prepared without taking into account your objectives, financial situation or needs. Before acting on this advice, NAB recommends you consider whether it is appropriate for your circumstances. The NAB Foreign Currency Term Deposit product is issued by National Australia Bank Limited
ABN 12 004 044 937 AFSL 230686.
Meaning of words
Words defined throughout this booklet have the meaning set out in term 24
'Definitions — meaning of words' towards the end of this booklet.
Financial difficulty
Please let us know if you begin to experience financial difficulties. We will work with you to help you resolve your difficulties.
Financial Claims Scheme
The NAB Foreign Currency Term Deposit is not a deposit product that is subject to the Australian Government's Financial Claims Scheme under the Banking Act.
Code of Banking Practice
NAB has adopted the Code of Banking Practice and relevant provisions of the Code applying to this product if you are an individual or a small business customer (as defined by the Code). You can obtain from NAB upon request:
- information on NAB's current interest rates and standard fees and charges relating to this product (if any);
- general descriptive information concerning NAB's banking services including:
- for accounts with cheque access, general descriptive information about cheques;
- account opening procedures;
- NAB's obligations regarding the confidentiality of your information;
- complaint handling procedures;
- bank cheques;
- the advisability of you informing NAB promptly when you are in financial difficulty;
- the advisability of you reading the terms and conditions applying to each banking service NAB provides to you.
- general descriptive information about the:
- identification requirements of the Anti-Money Laundering and Counter-Terrorism Financing Act;
- options available to you under the tax file number legislation; and
- a copy of the Code of Banking Practice.
Complaints
For information about resolving problems or disputes, visit any NAB branch or contact us on 1800 152 015.
NAB has information available on request about the procedures for lodging a complaint. For more details about our internal dispute resolution procedures please ask for our complaints resolution brochure.
If you subsequently feel an issue has not been resolved to your satisfaction, you may contact our external dispute resolution scheme. External dispute resolution is a free service established to provide you with an independent mechanism to resolve specific complaints. Our external dispute resolution provider is the Financial Ombudsman Service and can be contacted at:
Telephone: 1300 780 808
Email address: info@fos.org.au
Website: www.fos.arg.au
Postal address: GPO Box 3, Melbourne, VIC 3001, Australia
Privacy
Your personal information and privacy
The privacy of your personal information has always been important to us at the NAB Group. The NAB Group is National Australia Bank Limited and its subsidiaries such as MLC Ltd. It includes all our banking, financing, funds management, financial planning, superannuation, insurance, braking and e-commerce organisations. This statement is an outline of certain matters relating to the collection and handling of your personal information by the NAB Group.
Collecting your personal information
NAB will collect personal information for the purposes of:
- providing you with an account or service (including assessing your application);
- managing and administering your account or service;
- identifying you and protecting against fraud;
- verifying your authority to act on behalf of a customer;
- letting you know about accounts or services from across the NAB Group that might better serve your financial, e-commerce and lifestyle needs or promotions or other opportunities in which you may be interested.
If you provide us with incomplete or inaccurate personal information, NAB may not be able to process your requests and applications or manage or administer your accounts or services. It may also not be possible to tell you about other accounts or services from across the NAB Group that might better serve your financial, e-commerce or lifestyle needs.
Using and disclosing your personal information
NAB may disclose your personal information to other organisations:
- involved in providing, managing or administering the account and service we offer, including third party suppliers (e.g. printers, posting services etc), other NAB Group organisations, loyalty and affinity program partners and our advisers;
- who are your financial or legal advisers or representatives and their service providers;
- involved in maintaining, reviewing and developing our accounts, business systems, procedures and infrastructure including testing or upgrading our computer systems;
- involved in the payment system including financial institutions, merchants and payment organisations;
- which are NAB Group organisations who wish to tell you about their accounts or services that might better serve your financial, e-commerce and lifestyle needs or promotions or other opportunities, and their related service providers, except where you tell us not to; and
- as required or authorised by law and/or where you have given your consent. Your personal information may also be used in connection with such purposes. Because the NAB Group operates throughout Australia and overseas, some of these uses and disclosures may occur outside your State or Territory and Australia.
Gaining access to your personal information
You can gain access to your personal information. This is subject to some exceptions allowed by law. We will give you reasons if we deny access. In some cases, we may be able to deal with your request over the telephone or over the counter. For more information about our Privacy Policy, please call 13 BANK (13 22 65) and select the option to speak to a Customer Service Representative, or visit us at www.nab.com.au.
For more information about privacy in general, you can visit the Federal Privacy Commissioner's website at www.privacy.gov.au.
NAB Foreign Currency Term Deposit
Product overview
The NAB Foreign Currency Term Deposit is a term deposit in a foreign currency, earning a fixed rate of return during the deposit term, with interest paid at maturity.
The NAB Foreign Currency Term Deposit offers:
- a range of foreign currencies available to deposit your funds in;
- a variety of deposit terms, ranging from overnight to 12 months;
- the certainty of a fixed interest rate;
- a safe vehicle to hold a foreign currency to meet future foreign currency requirements.
When you invest in a NAB Foreign Currency Term Deposit, you must deposit at least the currency equivalent of:
- USD $250,000 (two hundred and fifty thousand United States Dollars) with a deposit term of 1 day (or overnight); or
- AUD $100,000 (one hundred thousand Australian Dollars) with a deposit term between 30 days and 12 months.
You can select the currency you wish to deposit your funds in from a list of foreign currencies currently accepted by NAB. To find out which currencies are currently accepted by NAB, please speak to your NAB Relationship Manager, visit any NAB branch, or call 1800 227 611.
You will earn a fixed interest rate on your deposit funds, which NAB will calculate on a daily basis during your deposit term. Subject to the terms and conditions in this booklet, interest on your deposit will be paid at maturity, in the same currency as your deposit. NAB offers a range of interest rates for different currencies, terms and deposit amounts, and these rates may change from time to time. To obtain current indicative interest rates, please speak to your NAB Relationship Manager, visit any NAB branch, or call 1800 227 611.
Risks
There are several risks associated with the NAB Foreign Currency Term Deposit, including those detailed below. This information is intended to provide you with a general warning, and has been prepared without taking account of your objectives, financial situation or needs. Before investing in a NAB Foreign Currency Term Deposit, NAB recommends you consider whether it is appropriate for your circumstances.
Exchange rate risk
There is a risk of adverse movements in the exchange rate between the Australian Dollar and the foreign currency of your NAB Foreign Currency Term Deposit.
Interest rate risk
There is a risk that the interest rate applicable to your NAB Foreign Currency Term Deposit will fall relative to prevailing market interest rates for Australian dollars.
Reduction of return
If you request a prepayment of some or all of your deposit before maturity, NAB may reduce the interest generated on the deposit.
Operational risk
Operational risk is the risk of delays and errors due to a failure of NAB's systems and procedures, or of external systems and procedures. NAB seeks to maintain efficient and effective internal processes and systems. However, a delay or error caused by NAB's, or external systems and procedures may lead to unfavourable outcomes for you.
Significant taxation implications
Interest earned on a NAB Foreign Currency Term Deposit may form part of your assessable income. If you do not provide your Tax File Number ("TFN"), Australian Business Number ("ABN"), or advise that you are eligible for an exemption from providing a TFN or ABN, NAB may be obliged to deduct Pay as You Go Withholding Tax at the maximum marginal tax rate (plus the Medicare levy), from any interest income you earn on a NAB Foreign Currency Term Deposit. If you are a non-resident of Australia, NAB may also be obliged to deduct Pay as You Go Withholding Tax. NAB recommends that you seek independent tax advice.
How can I get more information?
For more information about the NAB Foreign Currency Term Deposit, including accepted foreign currencies and indicative interest rates, please:
- speak to your NAB Relationship Manager;
- visit any NAB branch; or
- Call 1800 227 611.
For more information about banking generally with NAB:
- visit any NAB branch;
- visit www.nab.com.au;
- contact your NAB Relationship Manager; or
- call us on 13 BANK (13 22 65).
Hearing impaired customers with telephone typewriters can contact us via the National Relay Service on 13 36 77.
Terms and conditions
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Deposit term
1.1 When you invest in a NAB Foreign Currency Term Deposit, you may deposit funds for a deposit term of:
- 1 day (or overnight); or
- between 30 days and 12 months.
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Deposit amount
2.1 When you invest in a NAB Foreign Currency Term Deposit, you must deposit at least the currency equivalent of:
- USD$250,000 (two hundred and fifty thousand United States Dollars) where the deposit term is 1 day (or overnight); or
- AUD$100,000 (one hundred thousand Australian Dollars) where the deposit term is between 30 days and 12 months.
2.2 Funds must be deposited in a currency accepted by NAB for NAB Foreign Currency Term Deposits at the time of depositing. To find out which currencies are currently accepted by NAB, please speak to your NAB Relationship Manager, visit any NAB branch, or call 1800 227 611.
2.3 The foreign currency you deposit your funds in will be the currency of the deposit for the entire term.
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Applications
3.1 You can apply for a NAB Foreign Currency Term Deposit by speaking to your NAB Relationship Manager or visiting any NAB branch.
3.2 NAB reserves the right to accept or reject any application at its discretion.
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Making deposits
4.1 You may make an initial deposit by instructing NAB to transfer monies from a NAB account or by providing NAB with cleared funds.
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Confirmation Record
5.1 The deposit currency, amount, term and interest rate applicable to your NAB Foreign Currency Term Deposit will be recorded in your Confirmation Record.
5.2 You must check the details contained in the Confirmation Record to ensure its accuracy and contact us immediately if you believe there are any errors.
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Interest
6.1 Subject to clause 8.2, when you enter into a NAB Foreign Currency Term Deposit, your interest rate will be set and will remain fixed for the term of your deposit. The interest rate will be the current rate offered for the currency, term and deposit amount you select at the date of your application.
6.2 NAB offers a range of interest rates for different currencies, terms and deposit amounts, and these rates may change from time to time. To obtain current indicative interest rates, please speak to your NAB Relationship Manager, visit any NAB branch, or call 1800 227 611.
6.3 NAB will calculate interest earned on your deposit on a daily basis using a 360 or 365 day year depending on the currency of the deposit.
6.4 Worked example of interest calculation:
You Lodge a USD$200,000 deposit for a 60 day term, at an agreed interest rate of 0.50% p.a. At maturity, interest owing on your deposit will be:
- U50$200,000 x 0.005 x 60/360 (i.e. 0.50% p.a. for a 60 day term) = USD$166.67
This example is for illustrative purposes only and does not reflect current interest rates or outcomes. The example also assumes you do not request a repayment during the term.
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Interest payments
7.1 NAB will credit or pay interest accrued during the term of your deposit at maturity of that term.
7.2 You may ask NAB for your interest to be:
- added to the deposit upon reinvestment at maturity;
- credited to a nominated bank account; or
- paid by some other form agreed by NAB.
7.3 Interest payments will be made in the currency of the deposit unless this is not available, in which case NAB will contact you and you must select another available currency. If interest is due on a day which is not a banking day, NAB will pay or credit you on the next banking day.
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Early repayment
8.1 You may withdraw amounts from your deposit at any time.
8.2 If you withdraw an amount from your deposit prior to the maturity of your term, and within the first five years starting on the day on which the funds are first deposited, NAB may reduce the interest generated on your deposit by NAB's reasonable estimate of the cost of meeting the prepayment, up to the amount of accrued interest. Any reduction in the interest generated will never exceed the accrued interest.
8.3 If a partial prepayment would result in the remaining amount of your deposit being less than the currency equivalent of AUD$100,000, NAB may elect to repay the whole of the deposit amount and close your NAB Foreign Currency Term Deposit.
8.4 If you withdraw the whole of your deposit, or NAB elects to repay the whole of your deposit under clause 8.3, your NAB Foreign Currency Term Deposit will be terminated. The date of closure will be treated as your new maturity date for the purposes of term 9 'Maturity'.
8.5 If you withdraw only part of your deposit, NAB will pay or credit interest on that prepaid part at maturity of the existing deposit. The interest generated on the prepaid portion of your deposit may be at a lower rate than originally specified in your Confirmation Record, as per clause 8.2. The remaining part of your deposit will continue unchanged.
8.6 Interest on the prepaid portion of your deposit will be calculated up to but excluding the day of prepayment (or closure in the case of full prepayments).
8.7 Worked example of a prepayment
You lodge a USD$200,000 deposit for a 6o day term, at an agreed rate of 0.50% p.a. You request a full prepayment after 30 days.
- NAB's cost to replace the funds is 0.75% for the remaining 30 days.
Based on the above, your adjusted interest amount would be USD$41.67, which reflects an adjusted interest rate of 0.25% p.a. This is calculated as:
- Interest on your original deposit, if held until the maturity date, would have been USD$200,000 x 0.005 x 60/360 (i.e. 0.50% p.a. for a 60 day term) = USD$166.67
- Interest on NAB's replacement deposit is USD$200,000 x 0.0075 x 30/360 {i.e. 0.75% p.a. for a 30 day term) = USD$125.00
- The interest available to you on prepayment is your accrued interest less our cost of meeting the prepayment, i.e. USD$166.67 — USD$125.00 = USD$41.67
- The adjusted interest rate is USD$41.67/USD$200,000 x 360/30 = 0.25% p.a.
This example is for illustrative purposes only and does not reflect current interest rates or outcomes.
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Maturity
9.1 Before maturity of your deposit, you may ask NAB for your deposit funds to be:
- renewed or reinvested into another NAB Foreign Currency Term Deposit with or without additional funds;
- credited to a nominated bank account; or
- paid by some other form agreed by NAB.
9.2 NAB may accept or reject your request on such terms and conditions as it determines. Such acceptance is effective from the maturity date of your deposit.
9.3 If you choose to renew your deposit funds, your funds will be invested in a new NAB Foreign Currency Term Deposit for the same term and in the same currency (if available, or the currency you choose from those offered by NAB at that time), at the applicable interest rate on the date of maturity, and otherwise on the same terms and conditions unless varied.
9.4 Alternatively, you may wish to vary the terms of your new deposit (such as the currency or the deposit term). Before reinvesting you should review the accepted foreign currencies and indicative interest rates, as NAB may change the interest rates for different currencies, terms and deposit amounts from time to time. You may choose to change the currency, term or deposit amount in order to take advantage of favourable rates available on your maturity date.
9.5 You may request for your accrued interest on your original deposit to be added to your new deposit amount, as per clause 7.2.
9.6 If you fail to notify us of your choice before maturity, on the maturity date NAB will reinvest your deposit funds and accrued interest into a new NAB Foreign Currency Term Deposit of the same currency (or if it is not available, in a currency chosen by NAB) for the same term and otherwise on the same terms and conditions unless varied. The interest rate for your new deposit will be the applicable interest rate on the maturity date of your original deposit. The new maturity date will be the date of the end of the new deposit term. You may request changes to your term deposit term and term deposit amount up to seven calendar days from the date on which your deposit funds and accrued interest were reinvested by NAB.
9.7 Any maturity payments will be made in the currency of the deposit unless this is not available, in which case NAB will contact you and you must select another available currency. If funds are due on a day which is not a banking day, NAB will pay or credit you on the next banking day.
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Currency and conversion
10.1 NAB will make any necessary conversion of one currency to another at the spot rate of exchange quoted by NAB generally on the day on which the conversion is effected or is treated as effected.
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Statements
11.1 Statements of account are not provided for NAB Foreign Currency Term Deposits.
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Bank fees
12.1 NAB will not charge you any bank fees in respect of your NAB Foreign Currency Term Deposit but may, where applicable, deduct any fees charged by an overseas bank or financial institution in connection with the presentation and collection of cheques.
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Government charges and taxes
13.1 NAB may deduct from your deposit or interest payable any government fees, duties and taxes (including withholding tax) relating to either the deposit or interest.
13.2 These fees and charges are payable at the time they are incurred and will be debited at a time NAB chooses (but not until they are payable).
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Tax file number
14.1 Interest earned on your deposit may form part of your assessable income. If you do not provide your Tax File Number ("TFN"), Australian Business Number ("ABN") or advise that you are eligible for an exemption from providing a TFN or ABN, NAB may be obliged to deduct Pay as You Go Withholding Tax at the maximum marginal tax rate (plus the Medicare levy) from any interest income you earn on a NAB Foreign Currency Term Deposit. If you are a non-resident of Australia, NAB may also be obliged to deduct Withholding Tax.
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Joint product holders
15.1 If there are two or more of you, you will be treated as holding the deposit jointly and NAB may accept for credit to the deposit any telegraphic transfer, cheque, payment order or bill of exchange that is payable to any of you.
15.2 If any of you die, the deposit will be treated as the deposit of the survivor or survivors jointly.
15.3 Unless any of you request otherwise, NAB advices and notices (including notification of any variation of these terms and conditions) will be forwarded to the mailing address of the first of you named in the deposit. You will be deemed to have received any NAB advices and notices forwarded in accordance with these terms and conditions.
15.4 A joint product holder may only make a withdrawal on the terms of any authority to operate on the deposit. If NAB is notified of a dispute between joint product holders, NAB may require all joint product holders to sign any authority to operate the deposit.
15.5 The liability of joint product holders under a deposit held in joint names is joint and several. This means that each and all of the product holders are liable for the whole of any amount owing in relation to the deposit.
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Account authority
16.1 Each accountholder is authorised to provide instructions in respect of the account alone unless an authority is provided to NAB which specifies who is authorised to operate the account and whether they may do so alone or jointly.
16.2 When an accountholder authorises a person under clause 16.1 that person is authorised to give instructions in relation to all of the following matters:
- maturity;
- interest payments; and
- withdrawal.
16.3 In respect of any authority provided to NAB under clause 16.1 the accountholder(s) agrees that NAB may elect not to follow any instructions given under the authority if:
- it is not satisfied that the person giving the instruction has authority (for example, if NAB is not satisfied that the signature on the instruction matches the specimen signature held);
- in its opinion, the instructions are not clear;
- NAB cannot authenticate or validate any information or documents relating to the account or service, a person who is authorised to transact on it, or the transaction; or
- NAB is notified of a dispute between joint accountholders (in which case NAB may require all joint accountholders or directors to sign any authority to operate this account).
16.4 In respect of any authority provided to NAB under clause 16.1 the accountholder(s) agrees that NAB may, by giving notice, override the authority and require that all or specific future transactions must be authorised by all accountholders.
16.5 In respect of any authority provided to NAB under clause 16.1, the accountholder(s) agrees that the authority does not prevent NAB from complying with other valid accountholder instructions.
16.6 In relation to transactions to or from the account, you authorise NAB to disclose and collect information (including personal information) to and from other financial institutions, to the extent NAB considers this reasonably necessary.
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Your responsibility
17.1 You acknowledge that:
- you are aware of the currency risk (including the potential for sharp movements in the value of the Australian Dollar relative to any other currency) and the interest rate risks that are inherent with the deposit, and you, and not NAB, are responsible for the prudent management of the deposit in relation to those risks;
- you are aware of the services available to a person such as you to guard against those risks;
- you have relied solely on your own independent assessment or advice from a third party (other than NAB); and
- NAB is not responsible to you for any fluctuation in the interest rate or the relative value of the Australian Dollar against any other currency, or any loss or liability you may incur as a result of such a fluctuation.
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NAB's discretion
18.1 Where these terms and conditions confer on us discretion, we will exercise that discretion reasonably and in accordance with our business needs.
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NAB's liability
19.1 We will not be liable under this contract for any loss or damage caused by us or our employees or agents in circumstances where:
- there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
- such loss or damage is not a reasonably foreseeable result of any such breach; and
- any increase in loss or damage resulting from breach by you of any term of this contract.
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Changes NAB may make
20.1 NAB may make changes to these or any other terms and conditions, including by imposing new fees or charges, changing the amount, type or method of calculation of fees and charges payable. NAB will make any changes in accordance with any applicable legislation and industry codes.
20.2 If you have not operated your account for a certain period of time (the length of which is dependent upon the amount of money in the deposit), for example, by making deposits or withdrawals, or by giving extension or payment instructions, your deposit will be closed and the balance transferred to the Commonwealth Government. NAB will notify you at your last known address at least 30 days before any such variation takes effect.
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How will NAB notify you of changes?
21.1 Unless otherwise specified in these terms and conditions or separately agreed between you and NAB, NAB will give you notice of changes relating to the NAB Foreign Currency Term Deposit as set out below:
Type of Change Method of Notification Timeframe Changes to fees and charges In writing to your last known address At least 30 days before the change takes effect Changes to government fees and charges In writing to your last known address, or by media advertisement As soon as practicable after, but no later than 3 months after the change takes effect Notices of other changes to these terms and conditions (including changes to interest other than changes to an interest rate) In writing to your last known address At least 30 days before the change takes effect -
How should you notify NAB of changes?
22.1 You must give NAB notice of changes to your personal details (including a change of name, address, or nominated bank account) or other matters relating to the NAB Foreign Currency Term Deposit in accordance with the table below:
Type of Change Method of Notification Timeframe Change of personal details, including: - name;
- address; or
- nominated bank account.
In writing or in person at any NAB branch As soon as possible Notices, certificates, consents, approvals and other communications in connection with these terms and conditions In writing or in person at any NAB branch As soon as possible -
Anti-money laundering and counter terrorism financing
23.1 Under the Anti-Money Laundering and Counter-Terrorism Financing Act ("AML/CTF Act"), NAB reserves the right to re-identify you and other related parties involved with your National Foreign Currency Term Deposit in order to satisfy requirements under the AML/CTF Act and other legislation.
23.2 Should you fail to provide necessary information in a timely manner when requested, you may be responsible for loss of investment value and payment of any amounts in respect of your invested may be forfeited.
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Definitions - meaning of words
24.1 The following definitions apply throughout this booklet, unless otherwise stated.
'Anti-Money Laundering and Counter-Terrorism Financing Act' means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Commonwealth).
'AUD' means Australian dollars.
'Banking Act' means the Banking Act 1959 (Commonwealth).
'banking day' means a day other than a Saturday, Sunday or a day gazetted as a public holiday throughout Australia.
'business day' means a day other than a Saturday or Sunday, or a public, special or bank holiday in the State or Territory where the product is opened.
'NAB', 'us', 'we' means National Australia Bank Limited ABN 12 004 044 937 AFSL 230686 and its successors and assigns.
'NAB Group' means National Australia Bank Limited ABN 12 004 044 937 and its subsidiaries and related entities. 'Privacy Act' means the Privacy Act 1988 (Commonwealth).
'you/ your' means the customer or customers who open the deposit and if there is more than one, 'you' means each of them separately and every two or more of them jointly. 'You' includes your successors and assignors, and in relation to your rights to operate the account, any other authorised signatory to the account acting within his or her authority.
'maturity', or 'maturity date' means the last day of the term of your NAB Foreign Currency Term Deposit, other than where the term ends early due to a prepayment.
'term', or 'deposit term' means the duration of your NAB Foreign Currency Term Deposit investment period.
'USD' means United States dollars.
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Want to know more?
For more information about the NAB Foreign Currency Term Deposit, including accepted foreign currencies and indicative interest rates, please:
- speak to your NAB Relationship Manager;
- visit any NAB branch; or
- Call 1800 227 611.
For more information about banking generally with NAB:
- contact your NAB Relationship Manager;
- visit any NAB branch;
- visit www.nab.com.au; or
- call us on 13 BANK (13 22 65).
Hearing impaired customers with telephone typewriters can contact us via the National Relay Service on 13 36 77.
© 2011 National Australia Bank Limited ABN 12 004 044 937 AFSL 230686
This document was prepared on 7th December 2011
