Bankruptcy Act - Australia

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in subsection (1) or (2), in relation to a matter, to an act, omission or decision is a reference to an act, omission or decision that, having regard to the nature of that matter, is of substantial importance.

      (4) A person shall not be taken to control a company at a particular time in relation to a matter if the company is not a private company at that time.

      5G Financial affairs of a company

      For the purposes of this Act, a company’s financial affairs include:

      (a) the company’s promotion, formation, membership, control, operations and state of affairs;

      (b) the management and proceedings of the company;

      (c) any act or thing done (including any contract made and any transaction entered into) by or on behalf of the company, or to or in relation to the company or its business or property, at a time when:

      (i) a receiver, or a receiver and manager, is in possession of, or has control over, property of the company;

      (ia) the company is under administration within the meaning of the Corporations Act 2001;

      (ib) a deed of company arrangement that the company executed under Part 5.3A of that Act has not yet terminated;

      (iii) a compromise or arrangement made between the company and another person or other persons is being administered; or

      (iv) the company is being wound up;

      and, without limiting the generality of the foregoing, any conduct of such a receiver or such a receiver and manager, of an administrator (within the meaning of that Act) of the company, of an administrator of such a deed, of any person administering such a compromise or arrangement or of any liquidator or provisional liquidator of the company;

      (d) the ownership of shares in, and debentures of, the company;

      (e) the power of persons to exercise, or to control the exercise of, the rights to vote attached to shares in the company or to dispose of, or to exercise control over the disposal of, such shares;

      (f) the circumstances under which a person acquired or disposed of, or became entitled to acquire or dispose of, shares in, or debentures of, the company; and

      (g) matters concerned with ascertaining the persons with whom the company is or has been associated.

      5H Financial affairs of a natural person

      For the purposes of this Act, the financial affairs of a natural person include:

      (a) the person’s operations and state of affairs;

      (b) any act or thing done (including any contract made and any transaction entered into) by or on behalf of the person, or to or in relation to the person or his or her business or property, at a time when:

      (i) the person was, under this Act or the law of an external Territory, a bankrupt in respect of a bankruptcy from which the person had not been discharged;

      (ii) the person had, under the law of an external Territory or the law of a country other than Australia, the status of an undischarged bankrupt;

      (iii) the property of the person was subject to control under Division 2 of Part X by reason of an authority given by the person under section 188; or

      (iv) a personal insolvency agreement under Part X or under the corresponding provisions of a law of an external Territory or a country other than Australia was in effect in relation to the person or the person’s property;

      (c) without limiting the generality of paragraph (b), any conduct of the trustee of such a bankrupt estate or of such a personal insolvency agreement or a person acting under such an authority; and

      (d) matters concerned with ascertaining the persons with whom the person is or has been associated.

      5J Financial affairs of a partnership

      For the purposes of this Act, the financial affairs of a partnership include:

      (a) the partnership’s promotion, formation, membership, control, operations and state of affairs;

      (b) the management and proceedings of the partnership;

      (c) any act or thing done (including any contract made and transaction entered into) on behalf of the partnership, or to or in relation to the partnership, at a time when the partnership is being wound up; and

      (d) matters concerned with ascertaining the persons with whom the partnership is or has been associated.

      5K Financial affairs of a trust

      For the purposes of this Act, the financial affairs of a trust include:

      (a) the creation of the trust;

      (b) matters arising under, or otherwise relating to, the terms of the trust;

      (c) the appointment and removal of a trustee of the trust;

      (d) the business, trading, transactions and dealings of the trustee of the trust;

      (e) the profits, income and receipts of the trustee of the trust;

      (f) the losses, outgoings and expenditure of the trustee of the trust;

      (g) the trust property, including transactions and dealings in, and the income arising from, the trust property;

      (h) the liabilities of the trustee of the trust;

      (j) the management of the trust;

      (k) any act or thing done (including any contract made and transaction entered into) by or on behalf of the trustee of the trust, or to or in relation to the trust, at a time when the trust is being wound up;

      (m) matters concerned with ascertaining the persons with whom the trust is or has been associated; and

      (n) matters concerned with ascertaining the rights of the beneficiaries under the trust and any payments, or distributions of property, that the beneficiaries have received, or are entitled to receive, under the terms of the trust.

      6 Meaning of intent to defraud creditors

      A reference in this Act to an intent to defraud the creditors of a person or to defeat or delay the creditors of a person shall be read as including an intent to defraud, or to defeat or delay, any one or more of those creditors.

      6A Statement of affairs for purposes other than Part XI

      (1) This section has effect for the purposes of the following provisions of this Act, namely, subsections 54(1) and (2) and subsection 54A(2), paragraphs 55(2) (b), 56B(3) (a) and (b), 56F(1) (a) and (b), 57(2) (a) and (b) and sections 77CA and 185D and Part X.

      (2) A reference in a provision of this Act referred to in subsection (1) to a statement of affairs is a reference to a statement that:

      (a) is in an approved form; and

      (b) includes a statement identifying any creditor who is a related entity of the debtor or bankrupt; and

      (c) contains a declaration that, so far as the debtor or bankrupt is aware, the particulars set out in the statement are correct.

      (3) If the trustee has reasonable grounds to suspect that:

      (a) any particulars set out in a statement of affairs that was filed by a person are false or misleading in a material respect; or

      (b) any material particulars have been omitted from that statement;

      the trustee may, by written notice given to the person, require the person, within a specified period of not less than 14 days, to provide such information or to produce such books as are specified in the notice for the purpose of enabling the trustee to decide whether the particulars set out in the statement are correct.

      (4) For the purposes of the application of subsection (3) to a statement of affairs that is required to be given under Part X, a reference in that subsection to the trustee is a reference to whichever of the following is applicable:

      (a)

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