Document ID: chunk:federal_register_of_legislation:C2025C00167:section:5:p2
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 5 (pt 2/12)
Character Range: 45818–48505

stored, whether in writing, on microfilm, by electronic process or otherwise.
breach of duty means malfeasance, misfeasance, negligence, wilful default or breach of trust.
business day means a day that is not a Saturday, a Sunday or a public holiday or bank holiday in the place concerned.
child: without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person:
 (a) an adopted child, stepchild or exnuptial child of the person;
 (b) someone who is a child of the person within the meaning of the Family Law Act 1975.
close relative, in relation to a person, means a spouse, de facto partner, parent, child, brother, sister, half‑brother, or half‑sister, of the person.
Commonwealth proceeds of crime authority means a proceeds of crime authority within the meaning of the Proceeds of Crime Act 2002.
Note: Under that Act, the proceeds of crime authority is either the Commissioner of the Australian Federal Police or the Director of Public Prosecutions (see the definition of proceeds of crime authority in section 338 of that Act). Responsibility can be transferred between these authorities (see section 315B of that Act).
company means a corporation, other than a corporation that is incorporated within Australia or an external Territory and is:
 (a) a public authority; or
 (b) an instrumentality or agency of the Crown in right of the Commonwealth, in right of a State or in right of a Territory.
company officer, in relation to a corporation, includes:
 (a) a director or secretary of the corporation;
 (b) a receiver and manager of property of the corporation appointed under a power contained in an instrument;
 (ba) an administrator, within the meaning of the Corporations Act 2001, of the corporation;
 (bb) an administrator of a deed of company arrangement executed by the corporation under Part 5.3A of that Act;
 (d) a liquidator of the corporation appointed in a voluntary winding up of the corporation; and
 (e) a trustee or other person administering a compromise or arrangement made between the corporation and another person or other persons;
but does not include:
 (f) a receiver who is not also a manager;
 (g) a receiver and manager appointed by a court; or
 (h) a liquidator appointed by a court.
confiscation order has the same meaning as in the Proceeds of Crime Act 2002.
constable means a member or special member of the Australian Federal Police or a member of the Police Force of a State or Territory.
corporation includes any body corporate.
corresponding law has the same meaning as in the Proceeds of Crime Act 2002.
court of summary jurisdiction includes a court of a Territory sitting as a court