Bankruptcy Act. Australia

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СКАЧАТЬ would, if the debtor had become a bankrupt when the declaration of intention was accepted under section 54C, be provable in the bankruptcy;

      but does not include a debt in respect of the debtor’s liability under a maintenance agreement or maintenance order (whenever entered into or made).

      goods includes all chattels personal.

      industrial instrument means:

      (a) a law of the Commonwealth, a State or a Territory regulating conditions of employment; or

      (b) an award, determination or agreement made under such a law.

      Inspector-General means the Inspector-General in Bankruptcy, and includes a person acting as the Inspector-General.

      interstate confiscation order means an interstate forfeiture order or an interstate pecuniary penalty order.

      interstate forfeiture order has the same meaning as in the Proceeds of Crime Act 2002.

      interstate pecuniary penalty order has the same meaning as in the Proceeds of Crime Act 2002.

      in the possession of includes in the custody of or under the control of.

      magistrate means:

      (a) a person who holds office as a Magistrate of a State, being a person in respect of whom an arrangement under subsection 17B(1) applies;

      (b) a person who holds office as a Magistrate of the Northern Territory, being a person in respect of whom an arrangement under subsection 17B(2) applies; or

      (c) a person who holds office as a Magistrate of a Territory of the Commonwealth (other than the Northern Territory).

      Note: A Federal Magistrate is not covered by this definition.

      maintenance agreement means:

      (a) a maintenance agreement (within the meaning of the Family Law Act 1975) that has been registered in, or approved by, a court in Australia or an external Territory; or

      (b) any other agreement with respect to the maintenance of a person that has been registered in, or approved by, a court in Australia or an external Territory;

      but does not include a financial agreement, or Part VIIIAB financial agreement, within the meaning of the Family Law Act 1975.

      maintenance order means:

      (a) an order relating to the maintenance of a person, including an order relating to the payment of arrears of maintenance, that is made or registered under a law of the Commonwealth or of a State or Territory of the Commonwealth; or

      (b) an assessment made under the Child Support (Assessment) Act 1989.

      modifications includes additions, omissions and substitutions.

      National Personal Insolvency Index means the Index of that name established under the regulations.

      net value, in relation to property, means:

      (a) if the property is unencumbered — the value of the property;

      (b) if the property is encumbered and the unencumbered value of the property exceeds the amount or value of the encumbrances — the amount of the excess; or

      (c) in any other case — a nil amount.

      net worth, in relation to an entity, in relation to a time, means:

      (a) if the entity is a trust and the total value of the trust property as at that time exceeds the total of the amounts of the trustee’s liabilities as at that time (other than liabilities constituted by the rights of persons as beneficiaries under the trust) — the amount of the excess;

      (b) if the entity is not a trust and the total value of the entity’s assets as at that time exceeds the total of the amounts of the entity’s liabilities as at that time — the amount of the excess; or

      (c) in any other case — a nil amount.

      oath includes affirmation and statutory declaration.

      offence against this Act includes an offence against section 137.1 or 137.2 of the Criminal Code, being an offence that relates to this Act.

      officer means an officer of the Court or of the Commonwealth.

      Official Receiver includes a person acting as an Official Receiver.

      Official Trustee means the Official Trustee in Bankruptcy.

      operations, in relation to an entity, means all of the following:

      (a) the business, trading, transactions and dealings of the entity:

      (i) whether alone or jointly with another entity or other entities; and

      (ii) whether or not as agent, bailee or trustee;

      (b) the profits, income and receipts of the entity;

      (c) the losses, outgoings and expenditure of the entity.

      parent: a person is the parent of anyone who is the person’s child.

      pecuniary penalty order means:

      (a) a pecuniary penalty order made under a proceeds of crime law; or

      (b) a literary proceeds order within the meaning of the Proceeds of Crime Act 2002; or

      (c) an unexplained wealth order within the meaning of the Proceeds of Crime Act 2002.

      personal insolvency agreement means a personal insolvency agreement executed under Part X.

      Note: Section 188A sets out requirements for personal insolvency agreements.

      personal services, in relation to a bankrupt, means services of a physical, intellectual or other kind supplied by the bankrupt himself or herself:

      (a) whether or not in a capacity as employee; and

      (b) whether or not the supply of the services by the bankrupt discharged the obligations of an entity to supply services.

      petition means a petition under this Act.

      premises includes:

      (a) any land;

      (b) any structure, building, aircraft, vehicle, vessel or place (whether built on or not); and

      (c) any part of such a structure, building, aircraft, vehicle, vessel or place.

      private company, in relation to a particular time, means a company other than a company that, as at that time:

      (a) has been admitted to the official list of a prescribed financial market (as defined by section 9 of the Corporations Act 2001); and

      (b) СКАЧАТЬ