1.2  Interpretation 

In this deed:

(a)  (headings): headings and subheadings are for convenience only and do not affect interpretation,

and unless the context otherwise requires:

(b)  (number and gender): a word importing the singular includes the plural and vice versa, and a word indicating a gender includes every other gender;

(c)  (deed and Schedule references): a reference to:

(i)  a party, clause, Schedule, Annexure or Attachment is a reference to a party, clause, Schedule, Annexure or Attachment of or to this deed; and 

(ii)  a section or part is a reference to a section or part of the Schedule in which they are located, 

unless expressly provided otherwise; 

(d)  (document as amended): a reference to the Project Deed, or to any other deed, agreement, document or instrument means a reference to the Project Deed, or such other deed, agreement, document or instrument as amended, novated, supplemented, varied or replaced from time to time;

(e)  (Party): a reference to a Party includes that Party's legal representatives, trustees, executors, administrators, successors and permitted substitutes and assigns, including any persons taking part by way of novation;

(f)  (person): a reference to a person includes an individual, the estate of an individual, a corporation, a body corporate, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust (including a trustee);

(g)  (replacement person): a reference to a person appointed under this deed includes that person's replacement or delegate appointed in accordance with this deed or the Project Deed (as applicable);

(h)  (legislation): a reference to legislation includes its delegated legislation and a reference to such legislation or delegated legislation or a provision of either includes: 

(i)  all ordinances, by-laws, regulations of and other statutory instruments (however described) issued under the legislation or delegated legislation; and

(ii)  consolidations, amendments, re-enactments and replacements;

(i)  (definitions): if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(j)  ("includes"): "include", "includes" and "including" will be read as if followed by the phrase "(without limitation)";

(k)  ("or"): the meaning of "or" will be that of the inclusive, being one, some or all of a number of possibilities;

(l)  (information): a reference to information includes information, representations, statements, data, samples, calculations, assumptions, deductions, determinations, drawings, design specifications, models, plans and other documents in all forms including the electronic form in which it was generated;

(m)  ("$"): a reference to "$", AUD or dollar is to Australian currency;

(n)  (Business Day): if the day on or by which anything is to be done under this deed is not a Business Day, that thing must be done no later than the next Business Day;

(o)  (time): a reference to time is a reference to time in Melbourne, Victoria, Australia;

(p)  (rights): a reference to a right includes any benefit, remedy, function, discretion, authority or power;

(q)  (obligations and liabilities): a reference to an obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally;

(r)  (absolute discretion): unless the State is expressly required under this deed to act reasonably in exercising a power, right or remedy, the State can exercise that power, right or remedy in its absolute and unfettered discretion and the State has no obligation to do so; 

(s)  ("may"): without limiting clause 1.2(t), unless the State is expressly required under this deed to act reasonably in exercising a power, right or remedy, the term "may", when used in the context of a power, right or remedy exercisable by the State, means that the State can exercise that power, right or remedy in its absolute and unfettered discretion and the State has no obligation to do so; 

(t)  (no bias against drafter): each provision will be interpreted without disadvantage to the Party who (or whose representative) drafted or proposed that provision; and

(u)  ("in writing") where a Party has to give consent or agreement in accordance with this deed, that consent or agreement will be deemed not to be given unless it is given in writing.