Document ID: chunk:federal_register_of_legislation:C2025C00167:section:3:p2
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 3 (pt 2/2)
Character Range: 346652–347999

to give him or her a preference, priority or advantage over other creditors.
 (4A) A reference in this section (other than subsection (5)) to a creditor of the debtor shall be read as including a reference to a person who would be a creditor of the debtor in relation to a contract, agreement, transaction or other dealing if the contract, agreement, transaction or other dealing were not, in whole or in part, void or unenforceable, or had not been voided in whole or in part, by or under a law of the Commonwealth or of a State or Territory.
 (5) If a transfer of property is set aside by the trustee in a bankruptcy as a result of this section, the creditor to whom the property was transferred may prove in the bankruptcy as if the transfer had not been made.
 (7) In this section:
tax means tax (however described) payable under a law of the Commonwealth or of a State or Territory, and includes, for example, a levy, a charge, and municipal or other rates.
 (8) For the purposes of this section:
 (a) transfer of property includes a payment of money; and
 (b) a person who does something that results in another person becoming the owner of property that did not previously exist is taken to have transferred the property to the other person; and
 (c) the market value of property transferred is its market value at the time of the transfer.