Document ID: chunk:federal_register_of_legislation:C2025C00167:section:5:p11
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 5 (pt 11/12)
Character Range: 67930–70444

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 petition, the date on which he or she became a bankrupt by force of section 55, 56E or 57, as the case requires.
the Federal Court means the Federal Court of Australia.
the Official Receiver means any Official Receiver.
the property of the bankrupt, in relation to a bankrupt, means:
 (a) except in subsections 58(3) and (4):
 (i) the property divisible among the bankrupt's creditors; and
 (ii) any rights and powers in relation to that property that would have been exercisable by the bankrupt if he or she had not become a bankrupt; and
 (b) in subsections 58(3) and (4):
 (i) the property, rights and powers referred to in paragraph (a) of this definition; and
 (ii) any other property of the bankrupt.
the trustee means:
 (a) in relation to a bankruptcy—the trustee of the estate of the bankrupt; or
 (b) in relation to a composition or scheme of arrangement under Division 6 of Part IV—the trustee of the composition or scheme of arrangement; or
 (c) in relation to a personal insolvency agreement—the trustee of the agreement; or
 (d) in relation to the estate of a deceased person in respect of which an order has been made under Part XI—the trustee of the estate; or
 (e) in relation to a trust:
 (i) if only one person is a trustee of the trust—that person; or
 (ii) if 2 or more persons are trustees of the trust—any one or more of those persons;
  in his, her or its capacity as a trustee, or in their respective capacities as trustees, as the case may be, of the trust.
this Act includes the regulations and the Insolvency Practice Rules.
time fixed, for compliance with a bankruptcy notice, means the period specified in the notice (as required by subsection 41(2A)).
 (1A) A reference in this Act to books of an associated entity of a person does not limit the generality of any other reference in this Act to books.
 (1B) A reference in this Act to an entity includes, in the case of a trust, a reference to the trustee of the trust.
 (1C) Paragraph (b) of the definition of examinable affairs in subsection (1) does not limit the generality of a reference in this Act to a person's conduct, dealings, transactions, property or affairs.
 (2) A person is solvent if, and only if, the person is able to pay all the person's debts, as and when they become due and payable.
 (3) A person who