Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p3
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 3/110)
Character Range: 159444–162261

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 died or ceased to be a controller of such property;

    the day that is, because of any other application or applications of this definition, the control day in relation to the controller referred to in subparagraph (i) or (ii);

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

  (a)     a receiver, or receiver and manager of that property; or

    (b)     anyone else who (whether or not as agent for the corporation) is in possession, or has control, of that property for the purpose of enforcing a charge;

'decision period', in relation to a chargee in relation to a charge

on property of a company under administration, means the period beginning on the day when:

    (a)     if notice of the appointment of the administrator must be given to the chargee under subsection 450A(3)—such notice is so given; or

  (b)     otherwise—the administration begins;

and ending at the end of the tenth business day after that day;

'deed of company arrangement' means a deed of company arrangement executed under Part 5.3A or such a deed as varied and in force from time to time;

'de facto spouse', in relation to a person, means an individual of the opposite sex to that person who is living with that person as his or her spouse on a genuine domestic basis although not legally married to that person;

'defect', in relation to a statutory demand, includes:

  (a)     an irregularity; and

  (b)     a misstatement of an amount or total; and

  (c)     a misdescription of a debt or other matter; and

  (d)     a misdescription of a person or entity;

'eligible applicant', in relation to a corporation, means:

  (a)     the Commission; or

    (b)     a liquidator or provisional liquidator of the corporation; or

  (c)     an administrator of the corporation; or

    (d)     an administrator of a deed of company arrangement executed by the corporation; or

    (e)     a person authorised in writing by the Commission to make:

        (i) applications under the Division of Part 5.9 in which the expression occurs; or

      (ii) such an application in relation to the corporation;

'enforce', in relation to a charge on property of a company under administration, includes:

    (a)     appoint a receiver of property of the company under a power contained in an instrument relating to the charge; or

    (b)     obtain an order for the appointment of a receiver of such property for the purpose of enforcing the charge; or

    (c)     enter into possession, or assume control, of such property for that purpose; or

    (d)     appoint