Terms & Conditions for ANZ Internet Banking

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1 About these conditions of use

1.1 The meaning of words printed in bold (like this) is explained at the end of this document.

1.2 These are the current Terms and Conditions for ANZ Internet Banking. They supersede any other Terms and Conditions for the Internet Banking You may have received to date.

1.3 These Terms and Conditions apply to Internet Banking including use of the Internet Banking to make a BPAY^®. You will see additional Terms and Conditions relating to business Accounts at the end of this page if You have a Linked business Account. Additional Terms and Conditions will also apply if You use Online Investing, Online Reporting or Pay Anyone and International Services, which will be made available to You if relevant to You.

1.4 These Terms and Conditions operate in conjunction with the Terms and Conditions applicable to your Linked Account(s). If there is an inconsistency between these Terms and Conditions and the Terms and Conditions applicable to your Linked Account(s), these Terms and Conditions prevail to the extent of the inconsistency unless otherwise provided in these Terms and Conditions. Other terms and conditions may also apply to your use of Internet Banking by operation of law or as a result of the EFT Code of Conduct.

1.5 If You do not understand, or are unsure about, any aspect of these Conditions of Use, do not hesitate to ask ANZ to clarify the matter for You.

1.6 If You are using Internet Banking wholly and exclusively for private or domestic use, the relevant provisions of the Code of Banking Practice will also apply. ANZ will provide You with a copy of this Code on request.

1.7 ANZ warrants that it will, on and from 1 April 2002, comply with the EFT Code of Conduct for the purposes of Internet Banking, where those requirements are relevant to your dealings with ANZ. If a provision of these Conditions of Use, or any Specific Conditions relating to your use of Internet Banking, is inconsistent with the EFT Code of Conduct, the EFT Code of Conduct will prevail to the extent of that inconsistency on and from 1 April 2002.

1.8 ANZ is a member of the BPAY^® Scheme. This is an electronic payments scheme through which ANZ can be asked to make payments on your behalf to Billers who are members of the BPAY^® Scheme. ANZ will tell You if it ceases to be a member of the BPAY^® Scheme. For the purposes of the BPAY^® Scheme, ANZ may also be a Biller.

2 Acceptance

2.1 You (being all of the Account Holder(s), Account Signatory(s) and Authorised User(s)) accept these Conditions of Use:

(a) if You are the only person authorised to have Internet Banking access for a Linked Account, when You select the "I accept" button at the end of this document;

(b) if more than one person is authorised to have access to Internet Banking for a Linked Account (including an Account Holder, Account Signatory and an Authorised User), and none of these people currently have Internet Banking access, when the first one of You (being either an Account Holder, Account Signatory or an Authorised User) selects the "I accept" button at the end of this document; or

2.2 If You (being an Account Holder, Account Signatory or an Authorised User), or if any one of You, currently have Internet Banking access, these Terms and Conditions will automatically apply to your use of Internet Banking on the date we specify (subject to us complying with the notice provisions in clause 20).

3 Levels of access and Authorised Users

3.1 The Account Holder or Account Signatory can nominate a third party to be an Authorised User in relation to a Linked Account. Each Authorised User must have their own CRN and Password.

3.2 The Account Holder or Account Signatory can ask ANZ to give each Account Holder, Account Signatory or Authorised User one of access levels described in clause 3.5 in relation to a Linked Account. A different access level can apply to each of these persons, and to each Linked Account. Therefore, an Authorised User can be given a different level of access for a Linked Account to the Account Holder's level of access for that Linked Account. If any Account which an Account Holder or Account Signatory wishes to link to your CRN requires more than one to sign, You will only be given "Transaction History Enquiries only", as defined in clause 3.5. The signing instructions for the Linked Account will need to be amended at an ANZ branch if any other form of access is to be provided to You.

3.3 The Account Holder or Account Signatory can request a change to your access level on a Linked Account (including cancelling an access level), or can cancel an Authorised User's access to Internet Banking, at any time by notifying ANZ via Securemail or by calling us on 13 33 50. ANZ may take several days to process such a request and may require written confirmation of any request.

3.4 The level of access to a Linked Account applicable to You will limit your ability to conduct transactions on that Linked Account via Internet Banking and other access methods (eg, ATMs, EFTPOS, Phone Banking and branches). For instance, if "Transaction History Enquiries only" is selected for You in relation to a particular Linked Account then this will limit your access to that Account to "Transaction History Enquiries only" (ie, enquiring about past transactions only) via ATMs, EFTPOS, Phone Banking and branches.

3.5 The levels of access are as follows.

**Business customers only.
***Transaction History Enquiries include: View Today's Transactions, View Last 7 Days, View Last 14 Days, View Last 30 Days, View Credit Card Statement, Search Transaction History, Download Transaction History, View Interest and Charges History, View Loan Details, Future Payments/Transfers, Past Payments/Transfers, Cheque Reconciliation.

3.6 The Account Holder acknowledges that:

(a) each Authorised User with "All Transactions", "Pay Bills and Transaction History Enquires only", "Deposit and Transaction History Enquiries only" and "Deposit only" access ("transactional access") can use the Internet Banking fully as described in the respective access levels and, by using the Internet Banking, can access, operate and transact on Linked Account(s) in the same way that the Account Holder can if the Account Holder had that level of access (subject to (c));

(b) each Authorised User with "Transaction History Enquiries only" access can use Internet Banking to access information about Linked Account(s). Authorised Users with "Transaction History Enquiries only" access cannot use Internet Banking to perform transactions on Linked Account(s);

(c) Authorised Users, regardless of their level of access, cannot access Pay Anyone, Increase my Credit Card Limit (when available), International Services, Redraw My Home Loan or Online Investing or use Securemail to change any of the Account Holder's account or other personal details; and

(d) all Authorised Users can use Internet Banking to change their own profile, access their own Securemail and select and change their own Password.

3.7 The Account Holder is responsible for any use of Internet Banking by an Authorised User within the access levels in clause 3.5 nominated for that Authorised User under these Conditions of Use, including all transactions performed through Internet Banking by any Authorised User who has transactional access on Linked Account(s), as if that use were by the Account Holder. The Account Holder is also responsible for ensuring that each Authorised User complies with all obligations and responsibilities imposed on You under these Conditions of Use.

4 Access to Internet Banking

4.1 You acknowledge that any person who supplies ANZ with your CRN and Password will be allowed access to Internet Banking, and to each Linked Account. Your obligations concerning the security of your Password are found in clause 6. If a valid CRN and Password is not provided, access to Internet Banking will not be provided.

4.2 When You first use Internet Banking, You will be required to select a new unique Password. You must not use your birth date or an alphabetic code which is a recognisable part of your name as your Password.

4.3 Without limiting clause 15.3, ANZ does not represent or guarantee that access to Internet Banking will be uninterrupted. You acknowledge that Internet Banking may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors including (but not limited to) technical difficulties with or the performance or operation of ANZ's or another person's software, equipment or systems, traffic or technical difficulties with the Internet, or infrastructure failures.

5 How Internet Banking can be used

5.1 The table below sets out what Internet Banking can be used to do, assuming that an account access level is chosen that allows You to undertake the transaction for that Linked Account. Clauses 5.3 to 5.5 set out additional functions available through Internet Banking.

5.2 Please note that:

(a) Billers may impose limits on the amount of a BPAY^® they will accept from your Linked Accounts. If You attempt to make a BPAY^® to a Biller above that Biller's limit, your BPAY^® will not be processed and You will be notified;

(b) You cannot use BPAY^® to make any single transaction in excess of $50,000 or to make payments exceeding the daily limit. The daily limit for all payments using BPAY^® is $75,000 (per CRN). This daily limit applies across all manner of payments (except BPAY^® Tax Payments) including ANZ Multi Pay Bills;

(c) merchants and other financial institutions may also impose restrictions that may effect your use of Internet Banking; and

(d) ) not all Billers accept credit card payments. If a Biller does not accept credit card payments but You want to make a BPAY^® using your Linked credit card Account, the payment will be by way of a cash advance. Interest and fees may accrue on any such cash advance. For further details on interest and fees, please refer to your Linked credit card Conditions of Use.

^* Online registration required. ^# Investment Products only.

5.3 You may use Direct Loan Payments to add, modify or delete a direct loan payment for most ANZ Loans. You can also use Direct Loan Payments to designate a direct loan payment as either a Prime Payment or an Other Payment. If You specify more than one direct loan payment, all of those payments are deemed to be Other Payments. Please note that:

(a) ANZ will ensure that a Prime Payment is automatically increased to cover the minimum payment amount under that ANZ Loan, for instance, due to an increase in interest rates. It is therefore recommended that You specify your direct loan payment as a Prime Payment.

(b) You acknowledge that ANZ does not increase Other Payments to cover the minimum payment amount under the ANZ Loan. If You designate, or are deemed to designate, a direct loan payment(s) as an Other Payment, it is your responsibility to ensure that your payment(s) cover the minimum payment amount under that ANZ Loan or the Account Holder may be in default under that loan.

5.4 When available, an Account Holder can use Internet Banking to request an increase to the Account Holder's Linked credit card limit up to the pre-approved limit for that Linked Account as determined by ANZ. All credit card Limit increases are subject to ANZ lending criteria.

5.5 If You are a business customer, You may also have access to additional functions which are set out in the section titled "Additional Terms and Conditions for Customers with Business Accounts".

6 Security

6.1 Your Password and any Code You have (such as an "action number") must be kept secret. You must not, and must ensure that each Authorised User does not:

(a) tell, show or otherwise disclose your Password or Code to any other person (unless you are disclosing your CRN, verbal security code or action number to ANZ and we ask You to make that disclosure);

(b) record your Password or Code in any way which would allow anyone else to identify the record as your Password or Code;

(c) permit any other person to use your Password or Code; nor

(d) select a Password or Code which is easily identifiable, such as your birthdate or given name, surname or street name.

6.2 Failure to keep your Password or Code secret may increase your liability for any unauthorised use of Internet Banking (see clause 15). To help keep your details secret, ANZ publishes security guidelines. A copy of the current guidelines relating to codes (including Passwords and Codes) is available at www.anz.com. You can also ask for a copy by calling ANZ on 13 33 50. These guidelines also give You examples of what ANZ considers is NOT a reasonable attempt to disguise a Password or Code.

6.3 ANZ must be notified immediately if a record of your Password or Code is lost or stolen or You are aware or suspect that another person knows or has used your Password or Code without authority (except where the disclosure is of your CRN, verbal security code or action number to ANZ at our request). ANZ will then either cancel and re-issue your CRN, Password or Code, or suspend your access to Internet Banking.

6.4 The best way to make a report is to call ANZ on 13 33 50. When a telephone report is made, ANZ will give You a notification number (or some other form of acknowledgement of your report) which You should write down and keep as evidence of the time and date of your report. Alternatively, or if ANZ's telephone reporting service is unavailable, You must report the loss, theft or misuse to any ANZ branch. If ANZ's notification facilities (such as our telephone reporting number, 13 33 50) are not available, ANZ will be liable for all losses occurring as a result of your inability to notify ANZ of the loss, theft or misuse, provided that You notify ANZ within a reasonable time of ANZ's notification facilities again becoming available.

6.5 If You report to ANZ that You believe that either your Password or Code may have become known to someone else or may have been used by someone else or another person knows or has used your CRN, You must not continue to use that CRN, Password or Code and You must change, or arrange for ANZ to change, that CRN, Password or Code as soon as possible.

6.6 ANZ may cancel a CRN, Password or Code at anytime without notice to You if ANZ believes that the Password or Code is being misused or has been used to perform an unauthorised transaction.

6.7 Where your CRN is your credit card number and that card is reported lost or stolen, we will suspend your CRN.

7 Security of ANZ Internet Banking

7.1 ANZ will use such measures as it considers reasonable to help ensure the security of Internet Banking. Currently, ANZ employs a range of security measures, including firewalls and data encryption (128 bit Secure Sockets Layer (SSL) protocol).

Unfortunately, ANZ cannot guarantee that any data transmission over the internet is totally secure.

7.2 You are solely responsible for your own PC anti-virus and security measures, and those of any Authorised User, to help prevent unauthorised access via Internet Banking to your transactions and Linked Accounts.

8 Information You must give us to make a BPAY^®

To make a BPAY^® the following information must be given to ANZ - your CRN and Password; the biller code from the bill, your Ref: (this may also be called your customer reference number) with that Biller; the amount You want to pay and the Linked Account from which You want the payment to be made. Once this information is provided, ANZ will treat your instructions as valid and will debit the relevant Linked Account accordingly.

ANZ will not be obliged to effect a BPAY^® instruction if it is not made in accordance with these Terms and Conditions or if the information given is incomplete and/or inaccurate.

9 Instructions to ANZ

9.1 ANZ will issue a lodgement number to You upon receiving instructions for a funds transfer or BPAY^® transaction. If a funds transfer or BPAY^® is processed successfully by ANZ, we will issue receipt information and a receipt number to You. You should write down and keep all receipt information and check it against your statements of account (the receipt number will also appear on the relevant account statement). Please contact ANZ if You do not receive a receipt number.

9.2 An immediate BPAY^® or transfer instruction given by You cannot be revoked or stopped once ANZ receives that instruction. Future dated instructions given by You (including future dated BPAY^® instructions) can only be revoked or changed if instructions to delete the transaction are given to ANZ through Internet Banking before midnight Melbourne time on the Bank Business Day before the transaction is scheduled to occur. After this time, the instruction is irrevocable. This means that if an instruction is given to ANZ to make a payment or transfer funds on the day the instruction is given, that instruction cannot be revoked.

9.3 ANZ may delay acting upon an instruction or may ask You for further information before acting on the instruction if, for example, there are insufficient cleared funds in the relevant Linked Account, if the instructions are not complete or for security reasons. Instructions will not be acted upon by ANZ when they are not permitted by the Terms and Conditions of your Linked Account(s) (for example, withdrawals from certain loan accounts). When ANZ has instructions for more than one payment from your Linked Account(s) it will determine the order of priority in which payments are made.

9.4 You are responsible for ensuring that You authorise payment of the correct amount of money to the correct Biller account.

10 Processing instructions

(a) BPAY^®

You must comply with the Terms and Conditions for the Linked Account which You ask ANZ to debit a BPAY^® (to the extent that those account terms are not inconsistent with or expressly overridden by these Conditions of Use).

Subject to clauses 9.2 and 9.3, any BPAY^® made by You will be processed on the day You tell us to make that BPAY^®, if ANZ receives your instructions to make that payment before 6pm Sydney time on a BPAY^® Business Day . If ANZ receives your instructions after 6pm Sydney time on a BPAY^® Business Day, or on a day that is not a BPAY^® Business Day, your BPAY^® will be processed on the next BPAY^® Business Day

A delay may occur in processing a BPAY^® where:

(i) there is a public or bank holiday on the day after You tell ANZ to make a BPAY^®;

(ii) You tell ANZ to make a BPAY^® either on a day which is not a BPAY^® Business Day or after 6pm Sydney time on a BPAY^® Business Day; or

(iii) another participant in the BPAY^® Scheme, such as another financial institution or a Biller does not process a payment as soon as it receives details of the payment or does not otherwise comply with its obligations under the BPAY^® Scheme.

While it is expected that any such delay in processing will not continue for more than one BPAY^® Business Day, any such delay may continue for a longer period. ANZ will attempt to ensure your BPAY^® is processed promptly by Billers and other participants in the BPAY^® Scheme.

(b) Other transactions

Subject to clauses 9.2 and 9.3, any other transaction made on your Linked Account through Internet Banking will generally be processed to your Linked Account on the same day ANZ receives your instructions, if ANZ receives your instructions before 10pm Melbourne time Monday to Friday (excluding national public holidays). Any transaction made after this time may be processed on the following BPAY^® Business Day.

11 Deposits to Accounts using ANZ Internet Banking

If You make a deposit of funds to an Account using Internet Banking (including by way of funds transfer) and there is a difference between the amount recorded by the equipment used to make the Internet Banking transaction as having been deposited and the amount actually deposited into that Account, the Account Holder will be notified of the difference as soon as possible and will be advised of the actual amount which has been credited to the Account.

12 Statement of transactions

12.1 ANZ will send statements of account to the Account Holder at least every 6 months, or more frequently if the Account Holder requires, in accordance with the Terms and Conditions applicable to that Account and any relevant legislation.

12.2 You should check your Account records carefully and promptly, and should notify ANZ immediately if You:

(a) become aware of any errors (if You have made an underpayment or overpayment by mistake using BPAY^®, please see clause 16(e)); or

(b) did not authorise a payment or transfer that has been made from a Linked Account.

13 Fees and charges

If You use Internet Banking to effect a transaction, You may incur a fee and/or a government charge. Information on fees and charges is available at www.anz.com or at any ANZ branch.

14 Access to Account Information using Internet Banking

Account information accessed using Internet Banking will generally reflect the position of the Linked Account at that time, except for transactions not yet processed by ANZ (including uncleared cheques and unprocessed credit card transactions, as well as cleared cheques and direct debits processed by ANZ that day). In addition, if You give ANZ a transfer instruction after the relevant processing cut-off time, the balance of the Linked Account may not reflect the transaction until the close of business on the next Bank Business Day.

15 Liability for unauthorised transactions

This clause deals with liability for Internet Banking transactions that are not authorised by You. ANZ calls these transactions unauthorised transactions. Unauthorised transactions do not include any Internet Banking transactions carried out by You or by anyone performing an Internet Banking transaction with your knowledge and consent.

Warning - if your Password or CRN is lost or stolen, Internet Banking may be used to make unauthorised transactions on a Linked Account (including an Account under which ANZ makes a line of credit available to You or allows You to redraw).

15.1 Authorised transactions

The Account Holder is responsible for any Internet Banking transactions carried out by You or by anyone else using the Account Holder's Internet Banking service with your knowledge and consent.

15.2 Unauthorised transactions

(a) When ANZ is liable

ANZ will be liable (and the Account Holder will not be liable) for losses incurred or suffered by the Account Holder that:

• are caused by the fraudulent or negligent conduct of ANZ's employees or agents or companies involved in networking arrangements or of merchants or their agents or employees;
  
• relate to any forged, faulty, expired or cancelled component or part of the Internet Banking service (for example, a CRN, Password or Code);
  
• arise from transactions that require the use of any Password or Code forming part of your Internet Banking service that occur before You have received or selected the Password or Code (including a reissued or reselected Password or Code);
  
• result from the same Internet Banking transaction being incorrectly debited a second or subsequent time to the same Linked Account;
  
• result from an unauthorised transaction that occurs after You have notified ANZ that the security of your Password or Code has been breached; or
  
• result from an unauthorised transaction if it is clear that You have not contributed to the losses.
  

(b) When the Account Holder has limited liability

If it is not clear whether You have contributed to the loss caused by an unauthorised transaction, the amount of the Account Holder's liability arising from the unauthorised transaction (where a Password or Code was required to perform the transaction) will be limited to the least of:

• $150;
  
• the actual loss at the time ANZ is notified that the security of a Password or Code has been breached (but not that portion of the loss incurred on any one day that exceeds the daily transaction limit or other periodic limit (if any)) for the relevant Linked Account; or
  
• the balance of the Linked Account, including any pre-arranged credit, from which value was transferred in the unauthorised transaction.
  

(c) When the Account Holder is liable

If ANZ can prove on the balance of probability that You contributed to the loss arising from the unauthorised transaction:

• through your fraud;
  
• by voluntarily disclosing one of more of your Password or Code to anyone, including a family member or friend;
  
• by keeping a record of one or more of your Password or Code, without making a reasonable attempt to protect the security of that record(s), on the one article, or on several articles, so that the Password or Code may be lost or stolen at the same time;
  
• by using your birth date or an alpha-numeric code which is a recognisable part of your name, as a Password or Code; or
  
• by otherwise acting with extreme carelessness in failing to protect the security of your Password or Code,
  

the Account Holder is liable for the actual losses which occur before ANZ is notified that the security of your Password or Code had been breached, except for:

• that part of the losses incurred on any one day which is more than the applicable daily transaction limit (if any);
  
• that part of the losses incurred in a period which exceeds any other periodic transaction limit applicable to that period;
  
• that part of the total losses incurred on a Linked Account which is more than the balance of the Linked Account (including any prearranged credit);
  
• losses incurred on any accounts which ANZ and the Account Holder had not agreed could be accessed using Internet Banking;
  
• losses incurred as a result of conduct that ANZ expressly authorised You to engage in; or
  
• losses incurred as a result of You disclosing, recording or storing a Password or Code in a way that is required or recommended by ANZ for the purposes of You using an account access service expressly or impliedly promoted, endorsed or authorised by ANZ.
  

Note: ANZ does not authorise, promote or endorse the use of account access services offered by third parties (including account aggregation services).

Where You must use more than one of your Password or Code to perform an Internet Banking transaction, and You voluntarily disclose, or keep a record of, one or more of them (but not all of them) the Account Holder will only be liable under this clause if the disclosure or record was the dominant contributing cause of the losses.

(d) Liability for unreasonably delaying notification

If ANZ can prove on the balance of probability that You have contributed to a loss caused by an unauthorised transaction by unreasonably delaying notification that the security of your Password or Code has been breached after You become aware of the loss, theft or breach, the Account Holder will be liable to ANZ for the actual losses incurred between:

• the time You first became aware of any of the events described above; and
  
• the time ANZ is actually notified of the relevant event,
  

except for:

• that part of the losses incurred on any one day which is more than the applicable daily transaction limit;
  
• that part of the losses incurred in a period that exceeds any other periodic transaction limit(s) that apply to that period;
  
• that part of the total losses incurred on a Linked Account which is more than the balance of the Linked Account (including any prearranged credit); and
  
• all losses incurred on any accounts that the Account Holder and ANZ had not agreed could be accessed using Internet Banking.
  

(e) unauthorised transactions on a credit card

If the Account Holder complains of an unauthorised transaction on a credit card Account, ANZ will not hold the Account Holder liable for losses under this clause 15 for an amount greater than the liability the Account Holder would have to ANZ if ANZ had exercised its rights under the credit card scheme at the time the complaint was made against other parties to that scheme.

15.3 Liability caused by equipment malfunctions

ANZ is responsible to You for any loss caused by a failure of an EFT Institution's Equipment to complete a transaction accepted by an EFT Institution's Equipment in accordance with your instructions. However, if You were aware, or should have been aware, that the EFT Institution's Equipment was unavailable for use or malfunctioning, ANZ's responsibility will be limited to correcting errors in the Account and refunding any charges or fees imposed as a result.

16. Liability Under the BPAY^® Scheme

(a) Application of this Condition

This clause does not apply to the extent that it is inconsistent with, or contrary to, any applicable law or code of practice to which ANZ has subscribed (including the EFT Code of Conduct). If those laws or that code would make this clause illegal, void or unenforceable or impose an obligation or liability which is prohibited by those laws or that code, this clause is to be read as if it were varied to the extent necessary to comply with those laws or that code or, if necessary, omitted.

(b) ANZ's liability

Except as described in this clause 16, ANZ will not be liable for any loss or damage You suffer as a result of using the BPAY^® Scheme.

(c) Unauthorised Payments

If You advise ANZ that a BPAY^® made from an Account is unauthorised, You should first give ANZ your written consent, addressed to the Biller who received that BPAY^®, consenting to us obtaining from the Biller information about your account with that Biller or the BPAY^®, including your Ref: and such information as we reasonably require to investigate the BPAY^®. If You do not give us this consent, the Biller may not be permitted by law to disclose to ANZ the information ANZ needs to investigate or rectify that BPAY^®.

If it is found that a BPAY^® is made in accordance with a payment direction, which ANZ believed to be from You or made on your behalf, but which You did not in fact authorise, ANZ will credit your Account with the amount of that unauthorised payment. However, You must pay ANZ the amount of that payment if:

(a) ANZ can not recover the amount from the person who received it within 20 BPAY^® Business Days of ANZ attempting to do so; and

(b) the payment was made as a result of a payment direction, which did not comply with ANZ's prescribed security procedures (for example, keeping your Telecode secure).

(d) Fraudulent Payments

This clause 16(d) does not apply where clause 16(c) also applies to the BPAY^®. ANZ's acceptance of your instruction to pay a Biller does not generally protect You against the possibility of fraud by that Biller or some other party involved in the BPAY^® Scheme. Although ANZ will assist You to pursue a refund, You could ultimately bear the loss. The immediate and irrevocable nature of the payment instruction means that You need to exercise care about the Biller You deal with, the security of your CRN and Telecode and the accuracy of your instruction to ANZ.

If a BPAY^® is induced by the fraud of a person involved in the BPAY^® Scheme, then that person should refund You the amount of the fraud-induced payment. However, if that person does not refund You the amount of the fraud-induced payment, You must bear the loss unless some other person involved in the BPAY^® Scheme knew of the fraud or would have detected it with reasonable diligence, in which case that person must refund You the amount of the fraud-induced payment.

This warning does not override the protection which may be available to You if You use an ANZ credit card Account to make your payment on credit.

(e) Mistaken Payments

This clause 16(e) does not apply where either clause 16(c) or clause 16(d) also applies to the BPAY^®.

If You discover that the amount You instructed ANZ to pay was less than the amount You needed to pay, You can make another BPAY^® for the shortfall. If for any reason You cannot make a BPAY^® for the shortfall, You can ask ANZ to arrange for a reversal of the initial payment and You can make a second payment for the correct amount.

If You discover that a BPAY^® has been made to a person, or for an amount, which is not in accordance with your instructions (if any), and your Account was debited for the amount of that payment, ANZ will credit that amount to your Account. However, if You were responsible for a mistake resulting in that payment and ANZ cannot recover the amount of that payment from the person who received it within 20 BPAY^® Business Days of ANZ attempting to do so, You must pay that amount to ANZ.

You acknowledge that the receipt by a Biller of a mistaken or erroneous payment does not or will not, under any circumstances, constitute part or whole satisfaction of any underlying debt owed between You and that Biller.

(f) Consequential loss

ANZ is not liable for any consequential loss or damage You suffer as a result of using the BPAY^® Scheme, other than due to any loss or damage You suffer due to ANZ's negligence or in relation to any breach of a condition or warranty implied by law in contracts for the supply of goods and services and which may not be excluded, restricted or modified at all or only to a limited extent.

(g) Indemnity

You indemnify ANZ against any loss or damage ANZ may suffer due to any claim, demand or action of any kind brought against ANZ arising directly or indirectly because You:

(a) did not observe your obligations under; or

(b) acted negligently or fraudulently in connection with,

these Conditions of Use, unless such an indemnity is not permitted by law.

17. Notice of Unauthorised, Fraudulent or Mistaken Payments

You must tell ANZ as soon as possible if You become aware of:

• a BPAY^® which has been made from your Account which was not authorised;
  
• the possibility that You have been fraudulently induced to make a BPAY^®; or
  
• any delay or mistake in processing of your BPAY^®.
  

ANZ's error and dispute resolution procedures, including how to make a report to ANZ, can be found in clause 19.

18. When a Biller Cannot Process a BPAY^®

If ANZ is advised by a Biller that it cannot process your BPAY^®, ANZ will:

• advise You of this;
  
• credit your Account with the amount of that BPAY^®; and
  
• tell You how ANZ can assist You, if possible, in making the payment as soon as possible and take your instructions accordingly.
  

19. Error or Problem Dispute Resolution

19.1 How to contact ANZ

If You believe that an error has occurred in any Internet Banking transaction, You should contact ANZ promptly on 13 33 50 or by visiting any ANZ branch. Emergency telephone numbers are also displayed at www.anz.com and on statements of account.

To assist with ANZ's investigations, You will need to supply the following information:

• your name, address and Account details;
  
• the fact that the query relates to Internet Banking;
  
• details of the transactions in question; and
  
• the amount of the suspected error or disputed transaction.
  

ANZ may also ask You to supply other information.

19.2 Preliminary acknowledgment

If You tell ANZ about the suspected error or disputed transaction verbally, ANZ may ask the Account Holder to send ANZ details of the complaint or question in writing. However, this request will not delay the commencement of ANZ's investigation, if You have been able to supply the information listed above.

If ANZ is unable to resolve a dispute immediately to your satisfaction, ANZ will give the Account Holder a written notice setting out the steps that it will follow to investigate and resolve the dispute.

19.3 ANZ's investigations

(a) ANZ's response

Within 21 Bank Business Days of receiving all relevant details of the complaint or question from You, ANZ will notify You in writing of either the outcome of the investigation and details of the reasons for ANZ's decision or that more time is needed to complete the investigation. Unless there are exceptional circumstances, the investigation should not take more than 45 days from receipt of all the relevant details of your complaint. If there are exceptional circumstances, and the investigation takes more than 45 days, ANZ will tell You the reasons for the delay, and give You monthly updates as to the progress of the investigation and a date when a decision can reasonably be expected, unless ANZ is waiting for a response from You and has advised You that ANZ requires that response.

(b) complaints relating to a credit card

If your complaint relates to a credit card Account, ANZ may seek to resolve your complaint by exercising its rights under the rules of the card scheme (for example, the Visa International card scheme rules). If ANZ does this, the time limits described above will change. ANZ will tell You, in writing, of the revised time limits and when a decision can reasonably be expected and will suspend your obligation to pay any amount which is the subject of the complaint (and any credit and other charges that relate to that amount) until the complaint is resolved.

Unless there are exceptional circumstances, ANZ should complete its investigation within 60 days of You giving it the relevant details of the complaint. If ANZ is unable to do so, ANZ will inform You of the reasons for the delay, give You updates every two months on the progress of your complaint and tell You when a decision can reasonably be expected, unless ANZ is waiting for a response from You and has advised You that such a response is required.

On completion of ANZ's investigation (or within 21 Bank Business Days of You lodging your complaint, whichever is later), ANZ will promptly tell You of the outcome of the investigation and the reasons for that outcome. Unless the complaint is resolved completely in your favour, ANZ will also give You details of other dispute resolution avenues available to You. This advice will be in writing unless your dispute is resolved immediately to your satisfaction.

(c) incorrect debits or credits to an Account by ANZ

If, as a result of its investigation, ANZ concludes that it has incorrectly debited or credited an Account, ANZ will, after taking account of the allocation of liability under clause 15 and 16, promptly make an adjustment to the Account (including appropriate adjustment of the Account for interest or charges) and give the Account Holder written details of the correction.

(d) if ANZ determines the Account Holder is liable

If, after completion of an investigation, ANZ concludes that the Account Holder is liable under clauses 15 or 16, for all or part of the disputed amount, ANZ will make copies of any document or evidence on which the decision was based available to the Account Holder. ANZ will also investigate ANZ's systems to establish whether there was any system or equipment malfunction at the time of the transaction and advise You in writing of the outcome of this enquiry.

(e) if the Account Holder is not satisfied with the result

If the Account Holder is not satisfied with the outcome of ANZ's investigation, the Account Holder may request a review of ANZ's decision by ANZ's senior management with appropriate powers to resolve the dispute.

19.4 If ANZ fails to comply with this clause

If ANZ or its agents or employees fail to observe its obligations under clauses 15 or 19, and the failure prejudices the outcome of the complaint or results in unreasonable delay in resolving it, then ANZ or an external dispute resolution body may determine that ANZ is liable for all or part of the amount of the transaction which is the subject of the complaint.

20 Changes to these Terms and Conditions

ANZ may change the Internet Banking service, these Terms and Conditions and any other information which it has issued about Internet Banking at any time. ANZ will give the Account Holder at least 20 days (or any longer period required by law) prior written notice of any change that:

• imposes or increases charges relating solely to the use of Internet Banking, or the issue of an additional or replacement service, Password or CRN;
  
• increases an Account Holder's liability for losses relating to Internet Banking transactions; or
  
• imposes, removes or adjusts a daily transaction limit or other periodic transaction limit applying to the use of Internet Banking or a Linked Account.
  

In relation to other changes to these Conditions of Use, ANZ will give the Account Holder notice of the change:

• where legislation provides how and when ANZ must give the Account Holder notice of another type of change to these Conditions of Use, the Account Holder will be given notice of that change in accordance with that legislation; or
  
• otherwise, ANZ will give the Account Holder advance notice of any other changes to these Terms and Conditions by:
  

• written notice on or with the next statement of account;
  
• other written notice, including by posting the written notice at www.anz.com, if You have agreed that information can be provided to You in that way;
  
• press advertisement; or
  
• by electronic communication, if You have agreed that information can be provided to You in that way.
  

ANZ does not need to give You advance notice where an immediate change to these Terms and Conditions is necessary to restore or maintain the security of ANZ's systems or one or more Accounts.

21 Notices and other information

21.1 ANZ will provide You with general descriptive information concerning banking procedures, the identification requirements under the Financial Transaction Reports Act and the options available to You under the tax file number legislation on request.

21.2 If and when permitted by law and any relevant codes, written notice may be delivered by or to You by email or other electronic messaging system and not on paper.

21.3 Subject to any legislative requirements (for example, regarding when You will be taken to have received notices), You are taken to have received a notice under these Terms and Conditions if:

• it is a written notice, when it would have been delivered in the due course of post, if it is mailed to your last known address;
  
• it is a notice by press advertisement, on the day the press advertisement is published; and
  
• it is a notice given by electronic communication, at the time the electronic communication is sent from ANZ's information system to your last known e-mail address.
  

21.4 If the Account Holder has not at any stage accepted these Terms and Conditions personally by selecting the "I accept" button, any notice given by ANZ to an Authorised User under these Terms and Conditions is deemed to have also been given to the Account Holder at the same time, and the Authorised User agrees to promptly give a copy of that notice to the Account Holder.

22 Termination and Suspension

You can request ANZ de-register You from Internet Banking at any time by Securemail or by calling ANZ on 13 33 50.

ANZ may withdraw or deny your access to Internet Banking or delay your access to a Linked Account using Internet Banking without prior notice to You for any good reason, including:

• if ANZ believes that use of Internet Banking may cause loss to the Account Holder or to ANZ;
  
• if all the Linked Accounts which You may access using Internet Banking have been closed;
  
• ANZ suspects You or an Authorised User of being fraudulent;
  
• You or an Authorised User engage in inappropriate behaviour;
  
• due to the quality or security of Internet Banking;
  
• the Linked Account is an inactive account; or
  
• the Linked Account has been overdrawn. (Note that ANZ may elect not to close an Account for this reason but the fact that ANZ has elected not to do so on one or more previous occasions does not stop ANZ from closing an Account whenever the Account is overdrawn).
  

Otherwise, ANZ may withdraw or deny access to Internet Banking by giving You not less than three months' prior written notice. ANZ may also at any time suspend your right to participate in the BPAY^® Scheme via Internet Banking for any of the reasons set out directly above.

23. Privacy

(a) If You register to use the BPAY^® Scheme, You agree to ANZ disclosing to Billers nominated by You and if necessary the entity operating the BPAY^® Scheme (BPAY Pty Ltd) and any agent appointed by it from time to time, including Cardlink Services Limited, that provides the electronic systems needed to implement the BPAY^® Scheme:

(i) such of your personal information (for example your name, email address and the fact that You are ANZ's customer) as is necessary to facilitate your registration for, or use of, the BPAY^® Scheme; and
(ii) such of your transactional information as is necessary to process your BPAY^®. Your BPAY^® information will be disclosed by BPAY Pty Ltd, through its agent, to the Biller's financial institution.

(b) You must notify ANZ if any of your personal information changes and You consent to ANZ disclosing your updated personal information referred to in clause 23(a), to all other participants in the BPAY^® Scheme, as necessary.

(c) You can request access to your information held by us in accordance with the ANZ Privacy Policy, or held by BPAY Pty Ltd or its agent, Cardlink Services Limited, at their contact details listed in the Definitions (clause 24).

If your personal information detailed above is not disclosed to BPAY Pty Ltd or its agent, it will not be possible to process your requested BPAY^®.

Subject to the EFT Code of Conduct and ANZ's obligations under law, ANZ may from time to time disclose to other persons information about your use of Internet Banking where that disclosure is necessary for the administration and security of ANZ's systems or the Account or as otherwise permitted (including as permitted in the Account Conditions of Use) or required by law.

24 Definitions

The following definitions apply in these Conditions of Use, unless otherwise stated.

Account Holder means the person or persons, jointly and severally, in whose name an Account has been opened and who is responsible for all transactions on the Account.

Account Signatory means a person authorised by the Account Holder(s) to transact on an Account (excluding an Authorised User).

ANZ refers to Australia and New Zealand Banking Group Limited ABN 11 005 357 522

ANZ Investments Accounts includes Accounts in any Investment Product(s) held by You from time to time.

Authorised User refers to any third party authorised by You to use Internet Banking to access and operate your Linked Account(s) and includes making payments using BPAY^® and who is approved by ANZ. If You are an ANZ credit card Account Holder and nominate access to this Account via Internet Banking, each additional cardholder will be an Authorised User for these Conditions of Use.

Bank Business Day refers to any day from Monday to Friday on which ANZ is open for business in at least one of its branch locations in Australia. A day is not a Bank Business Day if ANZ is closed on that day throughout Australia. Biller refers to an organisation which tells You that You can make payments to it through the BPAY^® Scheme.

BPAY^® refers to a payment which You make or propose to make through the BPAY^® Scheme to a Biller.

BPAY^® Business Day refers to any day on which banks in Melbourne or Sydney are able to effect settlement through the Reserve Bank of Australia.

BPAY Pty Ltd means BPAY Pty Ltd ABN 69 079 137 518 of Level 9, 20 Berry Street, North Sydney (phone: (02) 9922 3511);

BPAY^® Scheme is an electronic payments scheme through which ANZ, as a member, can be asked to make payments on your behalf to Billers who are members of the BPAY^® Scheme.

BPAY^® Tax Payment is a payment made through the BPAY^® Scheme to the Australian Taxation Office by a customer with a business Account Linked to their CRN.

Cardlink Services Limited means Cardlink Services Limited ABN 60 003 311 644 of Park Road, Corner of South Parade, Auburn, NSW (ph (02) 9646 9222).

Code means any secret combination of numbers, letters and/or symbols which is known to You, is intended to be known only either by You, or by You and ANZ, and which ANZ specifies is a Code for the purposes of these Conditions of Use.

Customer Registration Number or CRN means the number of either 9, 15 or 16 digits issued by ANZ to You. Business credit cards cannot be used as CRNs.

Direct Loan Payments is a facility within Internet Banking that allows You to add, modify or delete a direct loan payment for most ANZ Loans.

EFT Code of Conduct means the Electronic Funds Transfer Code of Conduct published by the Australian Securities and Investments Commission on 1 April 2001

EFT Institution's Equipment means any electronic equipment controlled or provided by or on behalf of an institution that subscribes to the EFT Code of Conduct and any electronic system, communications system or software controlled by or on behalf of an institution that subscribes to the EFT Code of Conduct to facilitate EFT transactions;

International Services is the function within Internet Banking through which You can request funds are transferred overseas by ANZ by telegraphic transfer and through which You can purchase an international draft.

Investment Products include any financial services products including but not limited to unit trusts and superannuation products offered by the Product Providers from time to time and made available through Online Reporting and/or Online Investing (as appropriate).

Internet Banking means the ANZ Internet Banking service at www.anz.com (including Online Investing, Online Reporting Pay Anyone and International Services if You are using these additional services).

Investment Product Application is an application in relation to an Investment Product that is made available for investment electronically on Online Investing.

Linked or Linked Account means the Account(s) which the Account Holders have nominated to be accessed by use of Internet Banking.

Online Investing (also known as ANZ Online Investing) is the facility offered through Internet Banking through which You can make initial and additional investments and switch within Investment Products electronically, and includes Online Reporting.

Online Investing Application is an application to participate in the Online Investing facility as provided on Online Investing.

Online Reporting (also known as ANZ Online Reporting) is the facility within Internet Banking through which You can view and print balances and Linked Account summaries for selected ANZ Investments Accounts including the underlying investment balances and account summaries.

Other Payment is a payment to an ANZ Loan that is not a Prime Payment.

Password includes a password comprising between 8 and 16 letters and digits (including at least one letter and one digit) to access this service and your Telecode.

Pay Anyone is the function within Internet Banking through which the Account Holder can make payments to accounts held at most Australian financial institutions which will accept such inter- bank transfers. You should confirm with the recipient's financial institution whether it accepts Pay Anyone payments.

Pay Anyone Processing Day means any day on which ANZ is open for business in Melbourne, Australia.

Prime Payment means a direct loan payment to an ANZ Loan that ANZ automatically increased to cover the minimum payment amount for the loan.

Product Provider means an issuer of the Investment Products made available through Online Investing, including (but not limited to):

• ANZ Managed Investments Limited, ABN 61 004 392 269;
  
• ANZ Life Assurance Company Limited, ABN 63 228 425 652 ;
  
• ANZ Trustees Limited, ABN 33 006 132 332.
  

Securemail means an electronic messaging system which enables communications to be sent to or from ANZ as part of Internet Banking.

Telecode means the 5 digit number issued by ANZ to You which allows You to select a Password to use Internet Banking.

You means any person issued with a CRN who registers to use Internet Banking (whether as an Account Holder, Account Signatory or Authorised User).