Document ID: chunk:federal_register_of_legislation:C2025C00167:section:5:p10
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 5 (pt 10/12)
Character Range: 65531–68140

a mortgage, charge or lien on property of the debtor as a security for a debt due to him or her from the debtor.
sheriff includes any person charged with the execution of a writ or other process.
special resolution: a special resolution is passed by creditors of a regulated debtor's estate:
 (a) in a meeting—in the circumstances prescribed under paragraph 75‑50(2)(k) of Schedule 2; or
 (b) without a meeting—in the circumstances prescribed under paragraph 75‑40(5)(b) of Schedule 2.
state of affairs, in relation to an entity, means all of the following:
 (a) the property and assets of the entity:
 (i) whether held alone or jointly with another person or other persons; and
 (ii) whether or not held as agent, bailee or trustee;
 (b) the liabilities of the entity:
 (i) whether actual or contingent;
 (ii) whether owed alone or jointly with another person or other persons; and
 (iii) whether or not owed as trustee.
statutory minimum means:
 (a) if an amount greater than $5,000 is prescribed—the prescribed amount; or
 (b) otherwise—$5,000.
statutory period means:
 (a) if a period longer than 21 days is prescribed—the prescribed period; or
 (b) otherwise—21 days.
stay period, in relation to a declaration of intention presented by a debtor, means the period beginning on the day on which the declaration was accepted under section 54C and ending when:
 (a) the default period, beginning on that day, ends; or
 (b) a creditor's petition or a debtor's petition is presented against the debtor; or
 (c) the debtor signs an authority under section 188; or
 (d) a sequestration order is made against the debtor;
whichever happens first.
stay under a proclaimed law, in relation to a person or the estate of a deceased person, means a stay, by or under a proclaimed law, of proceedings or of execution in relation to all or any of the debts of that person or of that estate, as the case may be.
stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone is the stepchild of a person if he or she would be the person's stepchild except that the person is not legally married to the person's de facto partner.
the commencement of the bankruptcy, in relation to a bankrupt, means the time at which his or her bankruptcy is, by virtue of section 115, to be deemed to have commenced.
the Court means a Court having jurisdiction in bankruptcy under this Act.
the date of the bankruptcy, in relation to a bankrupt, means the date on which a sequestration order was made against his or her estate or, if he or she became a bankrupt by virtue of the presentation of a debtor's