Bankruptcy Act - Australia

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petition means a petition presented by a creditor or by 2 or more creditors jointly.

      debt includes liability.

      debt agreement means an agreement under section 185H resulting from the acceptance of a debt agreement proposal.

      debt agreement proposal means a written proposal referred to in subsection 185C(1).

      debtor’s petition means a petition presented by a debtor against himself or herself and includes a petition presented against a partnership in pursuance of section 56A and a petition presented by joint debtors against themselves in pursuance of section 57.

      declaration of intention means a declaration that has been presented under section 54A and accepted under section 54C.

      declared debtor means a debtor who has presented under section 54A a declaration of intention.

      de facto partner has the meaning given by the Acts Interpretation Act 1901.

      director, in relation to a corporation, includes:

      (a) any person occupying or acting in the position of director of the corporation, by whatever name called and whether or not validly appointed to occupy, or duly authorised to act in, the position;

      (b) any person in accordance with whose directions or instructions the directors of the corporation are accustomed to act; and

      (c) if the corporation has a committee of management, council or other governing body:

      (i) a member of that committee of management, council or other governing body;

      (ii) any person occupying or acting in the position of member of that committee of management, council or other governing body, by whatever name called and whether or not validly appointed to occupy, or duly authorised to act, in the position; and

      (iii) any person in accordance with whose directions or instructions the members of that committee of management, council or other governing body are accustomed to act.

      eligible judge means a judge of the Court declared by the Minister to be an eligible judge under subsection 129A(2).

      end means:

      (a) in relation to a bankruptcy — the discharge of the bankrupt from the bankruptcy or the annulment of the bankruptcy; or

      (b) in relation to a composition or scheme of arrangement under Division 6 of Part IV — the time when the composition or scheme, as the case may be, ceases to be in effect; or

      (ba) in relation to a personal insolvency agreement — the time when all the obligations that the agreement created have been discharged; or

      (c) in relation to an administration under Part XI — the end of the administration.

      enforcement process, in relation to a frozen debt, means, in the case of a judgment debt:

      (a) process of a court issued to enforce in any manner payment of the judgment debt; or

      (b) without limiting the generality of paragraph (a), process of a court for attaching, in order to meet the judgment debt, a debt or other money payable or owing, or to become payable or owing, to the declared debtor.

      entity means a natural person, company, partnership or trust.

      examinable affairs, in relation to a person, means:

      (a) the person’s dealings, transactions, property and affairs; and

      (b) the financial affairs of an associated entity of the person, in so far as they are, or appear to be, relevant to the person or to any of his or her conduct, dealings, transactions, property and affairs.

      examinable period has the meaning given by section 139CA.

      examinable person, in relation to a person (in this definition called the relevant person), means:

      (a) if the relevant person is a debtor and property of the debtor is known or suspected to be in the possession of a person — that person;

      (b) if the relevant person has become a bankrupt and any of the property of the bankrupt is known or suspected to be in the possession of a person — that person;

      (c) in any case — a person who is believed to be indebted to the relevant person;

      (d) if a person, including:

      (i) a person who is an associated entity of the relevant person; or

      (ii) a person with whom an associated entity of the relevant person is or has been associated;

      may be able to give information about the relevant person or any of the relevant person’s examinable affairs — that person; or

      (e) if books (including books of an associated entity of the relevant person):

      (i) are in the possession of a person, including a person of a kind referred to in subparagraph (d) (i) or (ii); and

      (ii) may relate to the relevant person or any of the relevant person’s examinable affairs;

      that person.

      Family Court Judge means a Judge of the Family Court (including the Chief Judge, the Deputy Chief Judge, a Judge Administrator or a Senior Judge).

      Finance Minister means the Minister administering the Financial Management and Accountability Act 1997.

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

      frozen debt means a debt that:

      (a) is owed by a declared debtor; and

      (b) 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,

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