Document ID: chunk:federal_register_of_legislation:C2025C00167:section:5:p1
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 5 (pt 1/12)
Character Range: 43375–46067

5  Interpretation
 (1) In this Act, unless the contrary intention appears:
ADI (authorised deposit‑taking institution) means:
 (a) a body corporate that is an ADI for the purposes of the Banking Act 1959; or
 (b) the Reserve Bank of Australia; or
 (c) any other bank approved in writing for the purposes of this definition:
 (i) by the Treasurer; or
 (ii) by a person authorised in writing by the Treasurer to give approvals for the purposes of this definition.
administrator, in relation to a debt agreement, means the person:
 (a) authorised by the agreement to deal with property under the agreement; or
 (b) who becomes the replacement administrator under section 185ZB; or
 (c) appointed by an Official Receiver under section 185ZC.
affidavit includes affirmation and statutory declaration.
approved form: a document is in the approved form if it is in accordance with section 6D.
associated entity, in relation to a person, means:
 (a) an entity (other than a company) that is, or has been, associated with the person; or
 (b) a company that is, or has been, associated with the person at a time when the company is, or was, as the case may be, a private company.
authorised employee means an APS employee whose duties include either or both of the following:
 (a) supporting the Inspector‑General in the performance of his or her functions, or in the exercise of his or her powers, under this Act;
 (b) supporting the Official Receivers in the performance of their functions, or in the exercise of their powers, under this Act.
authority, in relation to a Territory, means an authority established by or under a law of the Territory, and includes the holder of an office established by or under a law of the Territory.
available act of bankruptcy, in relation to a debtor, means an act of bankruptcy available for a petition against the debtor at the date of the presentation of the petition on which, or by virtue of the presentation of which, the debtor becomes a bankrupt.
bank means an ADI or any other bank.
bankrupt means a person:
 (a) against whose estate a sequestration order has been made; or
 (b) who has become a bankrupt by virtue of the presentation of a debtor's petition.
bankruptcy, in relation to jurisdiction or proceedings, means any jurisdiction or proceedings under or by virtue of this Act.
books includes any account, deed, paper, writing or document and any record of information however compiled, recorded or 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