Bankruptcy Act. Australia

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      proceeding means proceeding under this Act.

      proceeds, in relation to enforcement process in respect of a debt, means:

      (a) the proceeds of selling property under the enforcement process;

      (b) money taken under the enforcement process;

      (c) money received as a result of attachment under the enforcement process; or

      (d) money paid to avoid the taking or sale of property under, or to avoid attachment under, the enforcement process.

      proceeds of crime law means:

      (a) the Proceeds of Crime Act 2002; or

      (b) the Proceeds of Crime Act 1987; or

      (c) a corresponding law.

      proceeds of crime order means:

      (a) a restraining order; or

      (b) a forfeiture order; or

      (c) a pecuniary penalty order.

      proclaimed law means a law specified for the time being in a Proclamation in force under section 253B.

      professional advice means financial, business or legal advice given by a person in the performance of the functions attaching to the person’s professional capacity.

      property means real or personal property of every description, whether situate in Australia or elsewhere, and includes any estate, interest or profit, whether present or future, vested or contingent, arising out of or incident to any such real or personal property.

      provable debt means a debt or liability that is, under this Act, provable in bankruptcy.

      provider, in relation to an RSA, has the same meaning as in the Retirement Savings Accounts Act 1997.

      registered trustee means a person who is registered under this Act as qualified to act as a trustee.

      Registrar means:

      (a) the Registrar, a Deputy Registrar, a District Registrar or a Deputy District Registrar of the Federal Court; or

      (b) a Registrar of the Federal Magistrates Court.

      related entity, in relation to a person, means any of the following:

      (a) a relative of the person;

      (b) a body corporate of which the person, or a relative of the person, is a director;

      (c) a body corporate that is related to the body corporate referred to in paragraph (b);

      (d) a director, or a relative of a director, of a body corporate referred to in paragraph (b) or (c);

      (e) a beneficiary under a trust of which the person, or a relative of the person, is a trustee;

      (f) a relative of such a beneficiary;

      (g) a relative of the spouse, or de facto partner, of such a beneficiary;

      (h) a trustee of a trust under which the person, or a relative of the person, is a beneficiary;

      (i) a member of a partnership of which the person, or a relative of the person, is a member;

      For the purposes of paragraph (c) of this definition, the question whether a body corporate is related to another body corporate is to be determined in the same manner as that question is determined for the purposes of the Corporations Act 2001.

      relative, in relation to a person, means:

      (a) the spouse of the person; or

      (b) a parent or remoter lineal ancestor of the person or of the person’s spouse; or

      (c) a child or remoter lineal descendant of the person or of the person’s spouse; or

      (d) a brother or sister of the person or of the person’s spouse; or

      (e) an uncle, aunt, nephew or niece of the person or of the person’s spouse; or

      (f) the spouse of a person specified in paragraph (b), (c), (d) or (e).

      For the purposes of this definition, spouse includes de facto partner.

      Note: Parent and child are defined by this subsection.

      resolution means a resolution passed by a majority in value of the creditors present personally, by telephone, by attorney or by proxy at a meeting of creditors and voting on the resolution.

      restraining order means a restraining order made under a proceeds of crime law.

      RSA has the same meaning as in the Retirement Savings Accounts Act 1997.

      RSA holder has the same meaning as in the Retirement Savings Accounts Act 1997.

      rural support scheme means a program or scheme that:

      (a) is administered by or on behalf of the Commonwealth, a State or a Territory; and

      (b) relates to:

      (i) agriculture or the cultivation of land; or

      (ii) the maintenance of animals for commercial purposes; or

      (iii) horticulture; or

      (iv) any other primary industry activity.

      secured creditor, in relation to a debtor, means a person holding a mortgage, charge or lien on property of the debtor as a security for a debt due to him or her from the debtor.

      sheriff includes any person charged with the execution of a writ or other process.

      special resolution means a resolution passed by a majority in number and at least three-fourths in value of the creditors present personally, by telephone, by attorney or by proxy at a meeting of creditors and voting on the resolution.

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

      (a) the property and assets of the entity:

      (i) whether held alone or jointly with another person or other persons; and

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

      (b) the liabilities of the entity:

      (i) whether actual or contingent;

      (ii) whether owed alone or jointly with another person or other persons; and

      (iii) whether or not owed as trustee.

      stay period, in relation to a declaration of intention presented by a debtor, means the СКАЧАТЬ