Document ID: chunk:federal_register_of_legislation:C2025C00164:section:5:p1
Version: federal_register_of_legislation:C2025C00164
Segment Type: section
Provision Reference: s 5 (pt 1/3)
Character Range: 10553–13340

5  Definitions
  In this Act:
advance means financial assistance under this Act on account of employment entitlements.
annual leave entitlement has the meaning given by subsection 6(2).
appointment of an insolvency practitioner includes a person becoming an insolvency practitioner:
 (a) by taking possession or control of property; or
 (b) by operation of law.
Bankruptcy Act 1966: a reference to the Bankruptcy Act 1966 or a provision of that Act is a reference to that Act or provision:
 (a) applying of its own force; or
 (b) applying, with or without modifications, because of a law of the Commonwealth, a State or a Territory.
bankruptcy trustee of a person means the trustee under the Bankruptcy Act 1966 of the person's estate in bankruptcy.
Corporations Act 2001: a reference to the Corporations Act 2001 or a provision of that Act is a reference to that Act or provision:
 (a) applying of its own force; or
 (b) applying, with or without modifications, because of a law of the Commonwealth, a State or a Territory.
cost:
 (a) of the winding up of an employer—means:
 (i) an expense that relates to the winding up and is described in paragraph 556(1)(a) of the Corporations Act 2001; or
 (ii) an amount described in section 558 of that Act as a cost of the winding up; or
 (b) of the bankruptcy of an employer—means:
 (i) an expense that relates to the bankruptcy and is described in paragraph 109(1)(a) of the Bankruptcy Act 1966; or
 (ii) an amount described in section 109A of that Act as a cost of the bankruptcy.
Note: Paragraph 556(1)(a) of the Corporations Act 2001 describes expenses incurred by a liquidator or administrator in carrying on a company's business, among other things. Paragraph 109(1)(a) of the Bankruptcy Act 1966 describes expenses of the administration of the bankruptcy, among other things.
employer includes former employer.
employment entitlement means:
 (a) annual leave entitlement; or
 (b) long service leave entitlement; or
 (c) payment in lieu of notice entitlement; or
 (d) redundancy pay entitlement; or
 (e) wages entitlement.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
governing instrument for employment means any of the following that governs the employment:
 (a) a written law of the Commonwealth, a State or a Territory;
 (b) an award, determination or order that is made or recorded in writing;
 (c) a written instrument;
 (d) an agreement (whether a contract or not).
guidance and appeals panel has the same meaning as in the Administrative Review Tribunal Act 2024.
guidance and appeals panel application has the same meaning as in the Administrative Review Tribunal Act 2024.
insolvency event: an insolvency event happens to an employer of a person:
 (a) when a