Corporations Act. Australia

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      (b) if those rules do not define on‑market transactions — effected in the ordinary course of trading on the market.

      on‑market buy‑back means a buy‑back by a listed corporation on a prescribed financial market in the ordinary course of trading on that market.

      operated in this jurisdiction, when used in a provision outside Chapter 7, has the same meaning as it has in Chapter 7.

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

      outside this jurisdiction has a meaning affected by subsection 102B(2).

      outstanding property, in relation to a body corporate that has been dissolved or deregistered, means outstanding property (other than unpaid capital, whether called or uncalled) that was vested in the body, to which it was entitled, or over which it had a disposing power, when it was dissolved or deregistered, but that neither the body nor its liquidator got in, realised on or otherwise disposed of or dealt with.

      paid parental leave employer has the meaning given by subsection 600AA(2).

      Panel means the Takeovers Panel.

      parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.

      Part 5.1 body means:

      (a) a company; or

      (b) a registrable body that is registered under Division 1 or 2 of Part 5B.2.

      Part 5.7 body means:

      (a) a registrable body that is a registrable Australian body and:

      (i) is registered under Division 1 of Part 5B.2; or

      (ii) is not registered under that Division but carries on business in this jurisdiction and outside its place of origin; or

      (b) a registrable body that is a foreign company and:

      (i) is registered under Division 2 of Part 5B.2; or

      (ii) is not registered under that Division but carries on business in Australia; or

      (c) a partnership, association or other body (whether a body corporate or not) that consists of more than 5 members and that is not a registrable body;

      but does not include an Aboriginal and Torres Strait Islander corporation.

      Note: The winding up of Aboriginal and Torres Strait Islander corporations is dealt with in Part 11‑5 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006.

      Part 10.1 transitionals means the provisions of Part 10.1 and of regulations for the purposes of those provisions.

      participant, when used in a provision (the relevant provision) outside Chapter 7 in relation to a clearing and settlement facility or a financial market, has the same meaning as it has in Chapter 7 in relation to a clearing and settlement facility or a financial market, except that it does not include a reference to a recognised affiliate (within the meaning of that Chapter) in relation to such a facility or market unless regulations for the purposes of this definition provide that, in the relevant provision, it does include a recognised affiliate.

      party, in relation to a transaction that has been completed, given effect to, or terminated, includes a person who was a party to the transaction.

      payment (when used in Division 2 of Part 2D.2 (sections 200 to 200J) includes a payment by way of damages for breach of contract.

      payment order means a cheque (including a cheque that a bank or other institution draws on itself), bank draft, money order or postal order.

      person, when used in Division 2 of Part 2D.2 (sections 200 to 200J), includes a superannuation fund.

      place of origin:

      (a) in relation to a body corporate at a particular time, means:

      (i) in the case of a body incorporated at that time in a State or Territory — that State or Territory; or

      (ii) otherwise — the place of the body’s incorporation at that time; or

      (b) in relation to an unincorporated body — the State or Territory, or other place, in which the body is formed.

      play a significant role: a person plays a significant role in the audit of a company or a registered scheme for a financial year if:

      (a) the person is appointed as an individual auditor of the company or scheme for that financial year and:

      (i) acts as an auditor for the company or scheme for that financial year; or

      (ii) prepares an audit report for the company or the scheme in relation to a financial report of the company or scheme for that financial year or for a half‑year falling within that financial year; or

      (b) a firm or company is appointed as an auditor of the company or scheme for that financial year and the person:

      (i) is a registered company auditor; and

      (ii) acts, on behalf of the firm or company, as a lead auditor, or review auditor, in relation to an audit of the company or scheme for that financial year or for a half‑year falling within that financial year.

      pooling determination means a determination under subsection 571(1).

      pooling order means an order under subsection 579E(1).

      positive solvency resolution means a resolution by the directors of a company that, in their opinion, there are reasonable grounds to believe that the company will be able to pay its debts as and when they become due and payable.

      possession has a meaning affected by section 86.

      power includes an authority.

      PPSA retention of title property (short for Personal Property Security Act retention of title property) has the meaning given by section 51F.

      PPSA security interest (short for Personal Property Security Act security interest) has the meaning given by section 51.

      premises includes:

      (a) a structure, building, aircraft, vehicle or vessel; and

      (b) any land or place (whether enclosed or built on or not); and

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

      prescribed derivative trade repository, when СКАЧАТЬ