Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p2
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 2/110)
Character Range: 156910–159692

meeting of the creditors or contributories;";

(h) by inserting the following definitions:

   " 'administration', in relation to a body corporate or relevant body, or an entity within the meaning of Parts 3.6 and 3.7, has, in the case of a company or recognised company, the meaning given by:

    (a)     section 435C or a corresponding law; and

    (b)     section 1381 or a corresponding law;

   'administrator':

      (a) in relation to a body corporate or relevant body, or an entity within the meaning of Parts 3.6 and 3.7, but not in relation to a deed of company arrangement:

           (i) means an administrator of the body or entity appointed under Part 5.3A; and

        (ii) has a meaning affected by section 1381; and

           (iii) if 2 or more persons are appointed under that Part as administrators of the body or entity—has a meaning affected by paragraph 451A(2)(b); or

    (b) in relation to a deed of company arrangement:

           (i) means an administrator of the deed appointed under Part 5.3A; and

          (ii) if 2 or more persons are appointed under that Part as administrators of the deed—has a meaning affected by paragraph 451B(2)(b);

'affairs', in relation to a body corporate, has, in the provisions referred to in section 53, a meaning affected by that section;

'begin', in relation to a winding up, has the meaning given by Division 1A of Part 5.6;

'business affairs', in relation to an entity, has a meaning affected by sections 53AA, 53AB, 53AC and 53AD;

'commence', in relation to a winding up, has the meaning given by Division 1A of Part 5.6;

'committee of creditors', in relation to a company under administration, means a committee of creditors of the company appointed at a meeting convened under section 436E;

'connected entity', in relation to a corporation, means:

    (a)     a body corporate that is, or has been, related to the corporation; or

    (b)     an entity that is, or has been, connected (as defined by section 64B) with the corporation;

'control day', in relation to a controller of property of a corporation, means:

  (a) unless paragraph (b) applies:

        (i) in the case of a receiver, or receiver and manager, of that property—the day when the receiver, or receiver and manager, was appointed; or

         (ii) in the case of any other person who is in possession, or has control, of that property for the purpose of enforcing a charge—the day when the person entered into possession, or took control, of property of the corporation for the purpose of enforcing that charge; or

    (b) if the controller became a controller of property of the corporation:

        (i) to act with an existing controller of such property; or

        (ii) in place of a controller of such property who has