Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p5
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 5/110)
Character Range: 164712–167442

means all of the following:

  (a) the entity's business, trading, transactions and dealings:

        (i) whether alone or jointly with any other entity or entities; and

      (ii) whether or not as agent, bailee or trustee;

  (b)     the entity's profits, income and receipts;

  (c)     the entity's losses, outgoings and expenditure;

'insolvent' has the meaning given by subsection 95A(2) and, in Part 7.10, has a meaning affected by section 922;

'insolvent transaction' has the meaning given by section 588FC;

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

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

    (b)     any other controller of that property who has functions or powers in connection with managing the corporation;

'misconduct' includes fraud, negligence, default, breach of trust and breach of duty;

'national newspaper' means a daily newspaper that circulates generally in each State, the Capital Territory and the Northern Territory;

'related entity', in relation to a body corporate, means any of the following:

  (a)     a promoter of the body;

  (b)     a relative, or de facto spouse, of such a promoter;

    (c)     a relative of a spouse, or of a de facto spouse, of such a promoter;

    (d)     a director or member of the body or of a related body corporate;

    (e)     a relative, or de facto spouse, of such a director or member;

    (f)      a relative of a spouse, or of a de facto spouse, of such a director or member;

    (g)     a body corporate that is related to the first-mentioned body;

    (h) a beneficiary under a trust of which the first-mentioned body is or has at any time been a trustee;

  (i) a relative, or de facto spouse, of such a beneficiary;

    (j) a relative of a spouse, or of a de facto spouse, of such a beneficiary;

  (k) a body corporate one of whose directors is also a director

    of the first-mentioned body;

    (l) a trustee of a trust under which a person is a beneficiary, where the person is a related entity of the first-mentioned body because of any other application or applications of this definition;

'relation-back day', in relation to a winding up of a company or Part 5.7 body, means:

    (a)     if, because of Division 1A of Part 5.6, the winding up is taken to have begun on the day when an order that the company or body be wound up was made—the day on which the application for the order was filed; or

    (b)     otherwise—the day on which the winding up is taken because of Division 1A of Part 5.6 to have begun;

'section 513C day', in relation to the administration of a company, has the meaning given by section 513C;

'solvent' has the meaning given by subsection 95A(1);

'statutory