Corporations Act. Australia

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      (b) in respect of property of which a receiver, or a receiver and manager, has been appointed (whether or not by a court) and is acting; or

      (c) that is under administration; or

      (ca) that has executed a deed of company arrangement that has not yet terminated; or

      (d) that has entered into a compromise or arrangement with another person the administration of which has not been concluded.

      extract of particulars for a company or a registered scheme means a statement given by ASIC that contains either or both of the following:

      (a) some or all of the particulars in relation to the company or scheme that are recorded in the register or registers maintained by ASIC under subsection 1274(1);

      (b) a requirement to provide a particular under section 346B.

      extraordinary resolution, in relation to a registered scheme, means a resolution:

      (a) of which notice as set out in paragraph 252J(c) has been given; and

      (b) that has been passed by at least 50 % of the total votes that may be cast by members entitled to vote on the resolution (including members who are not present in person or by proxy).

      Family Court means the Family Court of Australia.

      Federal Court means the Federal Court of Australia.

      FHSA product when used in a provision outside Chapter 7, has the same meaning as it has in Chapter 7.

      financial benefit (when used in Chapter 2E) has a meaning that is affected by section 229.

      financial corporation means a financial corporation within the meaning of paragraph 51(20) of the Constitution.

      financial market, when used in a provision outside Chapter 7, has the same meaning as it has in Chapter 7.

      financial product, when used in a provision outside Chapter 7, has the same meaning as it has in Chapter 7.

      financial records includes:

      (a) invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes and vouchers; and

      (b) documents of prime entry; and

      (c) working papers and other documents needed to explain:

      (i) the methods by which financial statements are made up; and

      (ii) adjustments to be made in preparing financial statements.

      financial report means an annual financial report or a half‑year financial report prepared under Chapter 2M.

      Note: Section 295 deals with the contents of annual financial reports and section 302 deals with the contents of half‑year financial reports.

      financial reporting requirements for a financial report means the requirements imposed under:

      (a) section 296 or 297 if the financial report is an annual financial report; or

      (b) section 304 or 305 if the financial report is a half‑year financial report.

      financial service, when used in a provision outside Chapter 7, has the same meaning as it has in Chapter 7.

      financial services business, when used in a provision outside Chapter 7, has the same meaning as it has in Chapter 7.

      financial services civil penalty provision has the meaning given by section 1317DA.

      financial services licensee, when used in a provision outside Chapter 7, has the same meaning as it has in Chapter 7.

      financial statements means annual financial statements under section 295 or half‑year financial statements under section 303.

      financial year has the meaning given by section 323D.

      find, in the case of a reference to a court finding a person guilty of an offence, has a meaning affected by section 73A.

      firm, in relation to an administrator or liquidator, means:

      (a) if the administrator or liquidator is a partner or employee of a partnership (the partnership firm) that provides advice or other services in relation to externally‑administered bodies corporate — the partnership firm; or

      (b) if the administrator or liquidator is an officer or employee of a body corporate (the body corporate firm) that provides advice or other services in relation to externally‑administered bodies corporate — the body corporate firm.

      floating charge includes a charge that conferred a floating security at the time of its creation but has since become a fixed or specific charge.

      for, in relation to a fee or tax, includes in respect of.

      foreign company means:

      (a) a body corporate that is incorporated in an external Territory, or outside Australia and the external Territories, and is not:

      (i) a corporation sole; or

      (ii) an exempt public authority; or

      (b) an unincorporated body that:

      (i) is formed in an external Territory or outside Australia and the external Territories; and

      (ii) under the law of its place of formation, may sue or be sued, or may hold property in the name of its secretary or of an officer of the body duly appointed for that purpose; and

      (iii) does not have its head office or principal place of business in Australia.

      foreign holder of securities means a holder of the securities whose address, as shown in the register in which details of their holding is recorded, is a place outside Australia and the external Territories.

      franchise means an arrangement under which a person earns profits or income by exploiting a right, conferred by the owner of the right, to use a trade mark or design or other intellectual property or the goodwill attached to it in connection with the supply of goods or services. An arrangement is not a franchise if the person engages the owner of the right, or an associate of the owner, to exploit the right on the person’s behalf.

      Full Court, in relation to a Supreme Court of a State or Territory, includes any court of the State or Territory to which appeals lie from a single judge of that Supreme Court.

      fully paid share means a share on which no amount remains unpaid.

      function includes a duty.

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