Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 17 - INTERPRETING THIS ACT  

PART 17-3 - DICTIONARY  

Division 700 - Dictionary  

SECTION 700-1   DICTIONARY  

In this Act:

AAT
means the Administrative Appeals Tribunal.

ABN
(short for Australian Business Number) has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999 .

Aboriginal and Torres Strait Islander corporation
has the meaning given by section 16-5 .

Aboriginal and Torres Strait Islander corporation affected
by a contravention of a civil penalty provision means the Aboriginal and Torres Strait Islander corporation to which the conduct that constituted the contravention relates.

Aboriginal and Torres Strait Islander Corporations legislation
means:

(a) this Act; and

(b) except in Subdivision 586-D - rules of court made by the Federal Court, the Supreme Court of the Australian Capital Territory, or Judges of the Federal Circuit and Family Court of Australia (Division 1), because of a provision of this Act; and

(c) except in Subdivision 586-D - rules of court applied by the Supreme Court, or a State Family Court, of a State, or by the Supreme Court of the Northern Territory when exercising jurisdiction conferred by Division 586 (including jurisdiction conferred by virtue of any previous application or applications of this paragraph).

Aboriginal and Torres Strait Islander person
means the following:

(a) an Aboriginal person;

(b) a Torres Strait Islander;

(c) an Aboriginal and Torres Strait Islander person;

(d) a Torres Strait Islander and Aboriginal person;

(e) an Aboriginal and Torres Strait Islander corporation;

(f) a body corporate prescribed by name in the regulations for the purposes of this paragraph;

(g) a body corporate that falls within a class of bodies specified in the regulations for the purposes of this paragraph;

(h) a body corporate in which a controlling interest is held by any, or all, of the following persons:

(i) Aboriginal persons;

(ii) Torres Strait Islanders;

(iii) Aboriginal and Torres Strait Islander persons;

(iv) Torres Strait Islander and Aboriginal persons.

Aboriginal person
means a person of the Aboriginal race of Australia.

accounting standard
means:

(a) a standard in force under section 334 of the Corporations Act ; or

(b) a provision of such a standard as it so has effect.

act
includes a thing.

administrator
:

(a) in relation to an Aboriginal and Torres Strait Islander corporation but not in relation to a deed of corporation arrangement:

(i) means an administrator of the corporation appointed under Part 5.3A of the Corporations Act (as applied by section 521-1 of this Act ); and

(ii) if 2 or more persons are appointed under that Part as administrators of the corporation - has a meaning affected by paragraph 451A(2)(b) of that Act as so applied; or

(b) in relation to a deed of corporation arrangement:

(i) means an administrator of the deed appointed under Part 5.3A of the Corporations Act (as applied by section 521-1 of this Act ); and

(ii) if 2 or more persons are appointed under that Part as administrators of the deed - has a meaning affected by paragraph 451B(2)(b) of that Act as so applied; or

(c) in relation to a body corporate (other than an Aboriginal and Torres Strait Islander corporation) but not in relation to a deed of company arrangement:

(i) means an administrator of the body or entity appointed under Part 5.3A of the Corporations Act ; and

(ii) if 2 or more persons are appointed under that Part as administrators of the body or entity - has a meaning affected by paragraph 451A(2)(b) of the Corporations Act ; or

(d) in relation to a deed of company arrangement:

(i) means an administrator of the deed appointed under Part 5.3A of the Corporations Act ; and

(ii) if 2 or more persons are appointed under that Part as administrators of the deed - has a meaning affected by paragraph 451B(2)(b) of the Corporations Act .

affairs
of a body corporate (including an Aboriginal and Torres Strait Islander corporation) include:

(a) the promotion or formation of the body; and

(b) the membership of the body; and

(c) the control of the body; and

(d) the body ' s business, trading, transactions and dealings (whether alone or jointly with any other person or persons and including transactions and dealings as agent, bailee or trustee); and

(e) the body ' s property (whether held alone or jointly with any other person or persons and including property held as agent, bailee or trustee); and

(f) the body ' s liabilities (including liabilities owed jointly with any other person or persons and liabilities as trustee); and

(g) the body ' s profits and other income, receipts, losses, outgoings and expenditure; and

(h) if the body is a trustee but not a licensed trustee company within the meaning of the Corporations Act or the Public Trustee of a State or Territory (without limiting the generality of paragraphs (a) to (g)) - matters concerned with:

(i) the ascertainment of the identity of the persons who are beneficiaries under the trust; and

(ii) their rights under the trust; and

(iii) any payments that they have received, or are entitled to receive, under the terms of the trust; and

(i) the body ' s internal management and proceedings; and

(j) any act or thing done (including any contract made and any transaction entered into) by or on behalf of the body, or to or in relation to the body or its business, operations or property, at a time when:

(i) a receiver, or a receiver and manager, is in possession of, or has control over, property of the body; or

(ii) if the body is an Aboriginal and Torres Strait Islander corporation - the body is under special administration; or

(iii) the corporation is under administration; or

(iv) a deed of company arrangement, or deed of corporation arrangement, executed by the body has not yet terminated; or

(iva) the body is under restructuring; or

(ivb) a restructuring plan made by the body has not yet terminated; or

(v) a compromise or arrangement made between the body and any other person or persons is being administered; or

(vi) the body is being wound up; and

(k) without limiting paragraph (j), any conduct of:

(i) such a receiver; or

(ii) such a receiver and manager; or

(iii) such a special administrator of the body; or

(iv) such an administrator of the body; or

(v) an administrator of such a deed of company arrangement or corporation arrangement; or

(va) such a restructuring practitioner for the body; or

(vb) a restructuring practitioner for such a restructuring plan; or

(vi) a person administering such a compromise or arrangement; or

(vii) a liquidator or provisional liquidator of the body; and

(l) the ownership of shares in, debentures of, and interests in a managed investment scheme made available by, the body; and

(m) the power of persons:

(i) to exercise, or to control the exercise of, the rights to vote attached to shares in the body; or

(ii) to dispose of, or to exercise control over the disposal of, such shares; and

(n) if the body is an Aboriginal and Torres Strait Islander corporation - the power of persons to exercise, or to control the exercise of, the rights to vote attached to membership of the corporation; and

(o) matters concerned with the ascertainment of the persons who are or have been financially interested in the success or failure, or apparent success or failure, of the body or are or have been able to control or materially to influence the policy of the body; and

(p) the circumstances under which a person acquired or disposed of, or became entitled to acquire or dispose of, shares in, debentures of, or interests in a managed investment scheme made available by, the body; and

(q) where the body has made available interests in a managed investment scheme - any matters concerning the financial or business undertaking, scheme, common enterprise or investment contract to which the interests relate; and

(r) matters relating to or arising out of the audit of, or working papers or reports of an auditor concerning, any matters referred to in a preceding paragraph.

age of members requirement
has the meaning given by section 29-10 .

AGM
means an annual general meeting of an Aboriginal and Torres Strait Islander corporation.

amount
includes a nil amount and zero.

applied provision
means a provision of the Corporations Act that is applied in relation to Aboriginal and Torres Strait Islander corporations by a provision of this Act.

approved form
has the meaning given by paragraph 638-1(6)(b) .

ASIC
means the Australian Securities and Investments Commission.

associate
has the meaning given by Division 686 .

audit
means an audit conducted for the purposes of this Act.

audit company
means a company that consents to be appointed, or is appointed, as auditor of an Aboriginal and Torres Strait Islander corporation.

audited body
, in relation to an audit of an Aboriginal and Torres Strait Islander corporation, means the corporation in relation to which the audit is, or is to be, conducted.

audit firm
means a firm that consents to be appointed, or is appointed, as auditor of an Aboriginal and Torres Strait Islander corporation.

auditing standard
means:

(a)    a standard in force under section 336 of the Corporations Act ; or

(b)    a provision of such a standard as it so has effect.

auditor independence requirements of this Act
means the requirements of:

(a)    Subdivision 339-D ; and

(b)    the regulations made for the purposes of that Subdivision; and

(c)    the Corporations Act auditor independence provisions as applied by section 339-75 of this Act .

Australia
, when used in a geographical sense, does not include an external Territory.

Note:

Section 2B of the Acts Interpretation Act 1901 would otherwise provide that Australia included the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands.

Australian ADI
means:

(a)    an ADI (short for authorised deposit-taking institution) within the meaning of the Banking Act 1959 ; and

(b)    a person who carries on State banking within the meaning of paragraph 51(xiii) of the Constitution .

Australian Capital Territory
includes the Jervis Bay Territory.

authorised audit company
means a company registered under Part 9.2A of the Corporations Act .

authorised disclosure
has the meaning given by subsections 604-25(3) , (4) and (7) .

authorised officer
means a person appointed by the Registrar under section 447-1 for the purposes of a provision in which the expression occurs.

authorised trustee corporation
(Repealed by No 24 of 2011)

authorised use or disclosure
has the meaning given by subsections 604-25(1) and (2) .

benefit
means any benefit, whether by way of payment of cash or otherwise.

body
means a body corporate or an unincorporated body and includes, for example, a society or association.

body corporate
includes a body corporate that is being wound up or has been dissolved.

books
includes:

(a) a register; and

(b) any other record of information; and

(c) financial reports or financial records; and

(d) a document;

however compiled, recorded or stored.

business affairs
of an entity has a meaning affected by sections 694-15 , 694-20 , 694-25 and 694-30 .

business day
(Repealed by No 46 of 2011)

business judgment
has the meaning given by subsection 265-1(3) .

Business Names Register
means the Register established and maintained under section 22 of the Business Names Registration Act 2011 .

cause
includes procure.

certified
means:

(a) in relation to a copy of, or extract from, a document - certified by a statement in writing to be a true copy of, or extract from, the document; or

(b) in relation to a translation of a document - certified by a statement in writing to be a correct translation of the document into English.

changed
, in relation to an Aboriginal and Torres Strait Islander corporation ' s constitution, has the meaning given by subsection 69-10(1) .

Chapter 5 body corporate
has the same meaning as in the Corporations Act 2001 .

child
: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .

civil matter
means a matter other than a criminal matter.

civil penalty order
means any of the following:

(a) a declaration of contravention under section 386-1 ;

(b) a pecuniary penalty order under section 386-10 ;

(c) a compensation order under section 386-15 ;

(d) an order under section 279-15 disqualifying a person from managing corporations.

civil penalty provision
has the meaning given by subsection 386-1(1) .

closely-held subsidiary
has the meaning given by subsection 287-5(2) .

coastal sea
means:

(a) the territorial sea of Australia; and

(b) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or internal Territory;

and includes the airspace over, and the sea-bed and subsoil beneath, any such sea.

common law holder
has the same meaning as in the Native Title Act.

Commonwealth authority
means an authority or other body (whether incorporated or not) that is established or continued in existence by or under an Act.

Commonwealth body
has the same meaning as in the Commonwealth Registers Act 2020 .

Commonwealth Registrar
has the meaning given by section 694-120 .

company
means a body registered as a company under the Corporations Act.

connected entity
of a corporation means:

(a) a body corporate that is, or has been, related to the corporation; or

(b) an entity that is, or has been, connected (as defined by section 694-45 ) with the corporation.

consolidated entity
means an Aboriginal and Torres Strait Islander corporation together with all the entities it is required to include in a consolidated financial report.

constitution
has the meaning given by subsection 69-1(2) .

constitutional change
has the meaning given by subsection 69-10(2) .

contributory
of an Aboriginal and Torres Strait Islander corporation means:

(a) a person liable as a member, or past member, to contribute to the property of the corporation if it is wound up; and

(b) before the final determination of the persons who are contributories because of paragraph (a) - a person alleged to be such a contributory.

control
has the meaning given by section 689-25 .

Corporations Act
means the Corporations Act 2001 .

Corporations Act administration provisions
has the meaning given by subsection 521-1(4) .

Corporations Act auditor independence provisions
has the meaning given by subsection 339-75(4) .

Corporations Act corporation
means a corporation within the meaning of the Corporations Act 2001 .

Corporations Act employees ' entitlements provisions
has the meaning given by subsection 536-1(3) .

Corporations Act insolvent trading and creditor-defeating disposition provisions
has the meaning given by subsection 531-1(3) .

Corporations Act insolvent trading provisions
(Repealed by No 6 of 2020)

Corporations Act pre-winding up provisions
has the meaning given by subsection 526-40(3) .

Corporations Act receiver provisions
has the meaning given by subsection 516-1(3) .

Corporations Act restructuring provisions
has the meaning given by subsection 522-1(4) .

Corporations Act winding up provisions
has the meaning given by subsection 526-35(3) .

court
has the meaning given by section 694-35 .

Court
has the meaning given by section 694-35 .

court of summary jurisdiction
means any justice or justices of the peace or other magistrate sitting as a court for the making of summary orders or the summary punishment of offences:

(a) under a law of the Commonwealth or of a State or Territory; or

(b) by virtue of his or her commission or their commissions.

cover the matters provided for in the replaceable rules
, in relation to the internal governance rules of an Aboriginal and Torres Strait Islander corporation, has the meaning given by section 66-5 .

current reporting obligations
has the meaning given by subsection 358-10(1) .

daily newspaper
means a newspaper that is ordinarily published on each day that is a business day in the place where the newspaper is published (whether or not the newspaper is ordinarily published on other days).

data standards
means standards made by the Registrar under section 13 of the Commonwealth Registers Act 2020 to the extent that they relate to the Registrar ' s functions or powers in connection with this Act.

de facto spouse
(Repealed by No 144 of 2008)

deed
includes a document having the effect of a deed.

deed of corporation arrangement
means:

(a)    a deed of corporation arrangement executed under Part 5.3A of the Corporations Act (as applied by section 521-1 of this Act ); or

(b)    such a deed as varied and in force from time to time.

Deputy Registrar
means a Deputy Registrar of Aboriginal and Torres Strait Islander Corporations appointed under section 653-5 .

deregistered
, in relation to an Aboriginal and Torres Strait Islander corporation, means deregistered under Chapter 12 .

director
has the meaning given by section 683-1 .

director identification number
means a director identification number given under:

(a)    section 308-5 ; or

(b)    section 1272 of the Corporations Act 2001 .

directors ' meeting
means a meeting of directors of an Aboriginal and Torres Strait Islander corporation.

directors ' statement
has the meaning given by subsection 69-20(5) .

document access address
for an Aboriginal and Torres Strait Islander corporation means the address that is the corporation ' s document access address under section 42-20 or Division 115 .

document that has been lodged
has the meaning given by subsection 404-1(2) .

eligible officer
has the meaning given by section 308-15 .

employee
of an Aboriginal and Torres Strait Islander corporation includes a contact person for the corporation (regardless of the basis on which the person is appointed as contact person).

entity
: for the purposes of Part 6-6 , an entity is any of the following:

(a) a body corporate;

(b) a partnership;

(c) an unincorporated body;

(d) an individual;

(e) for a trust that has only 1 trustee - the trustee;

(f) for a trust that has more than 1 trustee - the trustees together.

Otherwise, entity has the meaning given by section 694-40 .

examinable affairs
of an Aboriginal and Torres Strait Islander corporation means:

(a) the promotion, formation, management, administration, restructuring or winding up of the corporation; or

(b) any other affairs of the corporation (including anything that is included in the corporation ' s affairs because of the definition of affairs in this section); or

(c) the business affairs of a connected entity of the corporation, in so far as they are, or appear to be, relevant to:

(i) the corporation; or

(ii) anything that is included in the corporation ' s examinable affairs because of paragraph (a) or (b).

examinable assets and liabilities
of an entity means all of the following:

(a) the entity ' s property and assets:

(i) whether present or future; and

(ii) whether held alone or jointly with any other person or persons; and

(iii) whether or not held as agent, bailee or trustee;

(b) the entity ' s liabilities:

(i) whether present or future; and

(ii) whether actual or contingent; and

(iii) whether owed alone or jointly with any other person or persons; and

(iv) whether or not owed as trustee.

examinable operations
of an entity 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.

excluded winding up provisions
of the Corporations Act has the meaning given by subsection 526-35(3) .

expert
, in relation to a matter, means a person whose profession or reputation gives authority to a statement made by him or her in relation to that matter.

extend
, in relation to a period:

(a) includes further extend; and

(b) has a meaning affected by section 694-50 .

externally-administered body corporate
(Repealed by No 11 of 2016)

Family Court
(Repealed by No 13 of 2021)

Federal Court
means the Federal Court of Australia.

financial benefit
has a meaning that is affected by section 293-5 .

financial records
includes:

(a) invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes and vouchers; and

(b) documents of prime entry; and

(c) working papers and other documents needed to explain:

(i) the methods by which a financial report is made up; and

(ii) adjustments to be made in preparing a financial report.

financial report
means a financial report prepared under Chapter 7 .

financial year
has the meaning given by subsections 333-5(4) , (4A) and (5) .

general law
means the principles and rules of the common law and equity.

general meeting
means a general meeting of the members of an Aboriginal and Torres Strait Islander corporation.

general report
means a report that section 330-1 requires an Aboriginal and Torres Strait Islander corporation to prepare.

giving a financial benefit
has the meaning given by section 293-5 .

giving information
has a meaning affected by section 694-1 .

have
, in relation to information, includes be in possession of the information.

holding body corporate
, in relation to a body corporate, means a body corporate of which the first body corporate is a subsidiary.

ICN
: see Indigenous Corporation Number .

Indigeneity requirement
has the meaning given by section 29-5 .

Indigenous Corporation Number
or ICN
means the number given by the Registrar to an Aboriginal and Torres Strait Islander corporation on registration under subsection 26-1(2) .

individual auditor
means an individual who consents to be appointed, or is appointed, as auditor of an Aboriginal and Torres Strait Islander corporation.

information
includes complaint.

insolvent
has the meaning given by subsection 694-80(2) .

internal governance framework rules
has the meaning given by subsection 72-5(7) .

internal governance rules
has the meaning given by section 63-1 .

internal governance rules requirements
means the requirements set out in Division 66 .

involved in
, in relation to a contravention, has the meaning given by section 694-55 .

Judge
means a judge of the Court.

judgment
means a judgment, decree or order, whether final or interlocutory.

lead auditor
has the meaning given by subsection 339-20(1) .

lodge
means lodge with the Registrar.

lower court
means a court of a State or Territory that is not a superior court.

member
of an Aboriginal and Torres Strait Islander corporation has the meaning given by section 138-1 .

minimum number of members requirement
has the meaning given by section 29-1 .

modifications
includes additions, omissions and substitutions.

money
includes a payment order.

name requirement
means a requirement under section 85-1 .

national business names register
(Repealed by No 127 of 2011)

national newspaper
means a daily newspaper that circulates generally in each State and each internal Territory.

native title
has the same meaning as in the Native Title Act.

Native Title Act
means the Native Title Act 1993.

Native Title legislation
means:

(a) the Native Title Act and any regulations made under that Act; and

(b) a prescribed law, or a prescribed provision of a law, of the Commonwealth or of a State or Territory.

Native Title legislation obligations
means the following obligations imposed by the Native Title legislation on a registered native title body corporate:

(a) an obligation to consult with the common law holders of native title;

(b) an obligation to act in accordance with the directions of the common law holders of native title;

(c) an obligation to act only with the consent of the common law holders of native title;

(d) an obligation to take any other action in relation to the common law holders of native title.

negotiable instrument
, in relation to an Aboriginal and Torres Strait Islander corporation, means:

(a) a bill of exchange, promissory note, cheque or other negotiable instrument; or

(b) an indorsement on, or order in, a bill of exchange, promissory note, cheque or other negotiable instrument; or

(c) a letter of credit;

of, or purporting to be issued or signed by or on behalf of, the corporation.

observer
means a person appointed under section 158-5 .

offence against this Act
includes an offence against Chapter 7 of the Criminal Code that relates to this Act.

officer
of an Aboriginal and Torres Strait Islander corporation has the meaning given by section 683-1 .

officer of the Commonwealth
has the same meaning as in paragraph 75(v) of the Constitution .

on behalf of
includes on the instructions of.

parent
: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.

party
, in relation to a transaction that has been completed, given effect to, or terminated, includes a person who was a party to the transaction.

personal information
has the same meaning as in the Privacy Act 1988 .

person involved in the conduct of an audit
has the meaning given by subsection 339-90(6) .

possession
has a meaning affected by section 694-60 .

power
includes an authority.

pre-incorporation requirement
has the meaning given by section 29-15 .

premises
includes:

(a)    a structure, building, aircraft, vehicle or vessel; and

(b)    any land or place (whether enclosed or built on or not); and

(c)    a part of a structure, building, aircraft, vehicle or vessel or of such a place.

proceeding
includes:

(a)    a proceeding in a court; or

(b)    a proceeding or hearing before, or an examination by or before, a tribunal;

whether the proceeding, hearing or examination is of a civil, administrative, criminal, disciplinary or other nature.

procure
includes cause.

produce
includes (except in Chapter 10 ) permits access to.

property
means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description and includes a thing in action.

proposed reporting obligations
has the meaning given by subsection 358-10(2) .

protected information
has the meaning given by section 604-5 .

prove
includes establish in any way (for example, but without limitation, through the operation of a presumption for which this Act or a law of a State or Territory provides).

provision
of a law includes:

(a)    a subsection, section, Subdivision, Division, Part or Chapter of the law; and

(b)    a Schedule, or an item in a Schedule, to the law.

public authority
means an authority or body (whether a body corporate or not) established or incorporated for a public purpose by a law of the Commonwealth or of a State or Territory and includes a body corporate incorporated under a law of the Commonwealth or of a State or Territory being a body corporate in which the Commonwealth or a State or Territory has a controlling interest.

public document
has the meaning given by section 694-65 .

public money
includes the meaning given by subsection 487-10(3) .

receiver and manager
has a meaning affected by section 694-70 .

register
means register under this Act.

registered company auditor
means a person registered as an auditor under Part 9.2 of the Corporations Act .

registered native title body corporate
has the same meaning as in the Native Title Act.

registered office
of an Aboriginal and Torres Strait Islander corporation means the office that is the corporation ' s registered office under section 42-15 or Division 112 .

Register of Aboriginal and Torres Strait Islander Corporations
means the register kept under paragraph 418-1(a) .

Register of Disqualified Officers
means the register kept under paragraph 418-1(b) .

register of former members
means a register provided for in section 180-10 .

register of members
means a register provided for in section 180-1 .

Registrar
means the Registrar of Aboriginal and Torres Strait Islander Corporations appointed under section 653-1 .

Regulatory Powers Act
means the Regulatory Powers (Standard Provisions) Act 2014 .

related body corporate
, in relation to a body corporate, means a body corporate that is related to the first-mentioned body by virtue of section 689-20 .

related party
has the meaning given by section 293-1 .

remuneration
of an officer or employee of an Aboriginal and Torres Strait Islander corporation. A benefit given to an officer or employee of an Aboriginal and Torres Strait Islander corporation is remuneration if and only if the benefit, were it received by a director of the corporation, would be remuneration of the director for the purposes of an accounting standard that deals with disclosure in companies ' financial reports of information about directors ' remuneration. For the purposes of this definition, the following are not officers of a corporation:

(a) a receiver, or receiver and manager, of the property of the corporation;

(b) an administrator of the corporation;

(c) an administrator of a deed of company arrangement executed by the corporation;

(ca) a restructuring practitioner for the corporation;

(cb) a restructuring practitioner for a restructuring plan made by the corporation;

(d) a liquidator of the corporation;

(e) a trustee or other person administering a compromise or arrangement made between the corporation and someone else;

(f) a special administrator.

reproduction
, in relation to a document, means a machine-copy of the document or a print made from a negative of the document.

required to be conducted in accordance with the auditing standards
has the meaning given by section 339-15 .

required to comply with the accounting standards
has the meaning given by section 339-10 .

restructuring plan
:

(a) in relation to an Aboriginal and Torres Strait Islander corporation - means a plan executed by the corporation under Part 5.3B of the Corporations Act (as applied by section 522-1 of this Act), or such a plan as varied and in force from time to time; or

(b) in relation to a body corporate other than an Aboriginal and Torres Strait Islander corporation - means a plan executed by the body corporate under Part 5.3B of the Corporations Act, or such a plan as varied and in force from time to time.

restructuring practitioner
:

(a) in relation to an Aboriginal and Torres Strait Islander corporation but not in relation to a restructuring plan:

(i) means a small business restructuring practitioner for the corporation appointed under Part 5.3B of the Corporations Act (as applied by section 522-1 of this Act); and

(ii) if 2 or more persons are appointed under that Part as small business restructuring practitioners for the corporation - has a meaning affected by paragraph 456M(2)(b) of that Act as so applied; or

(b) in relation to a restructuring plan made by an Aboriginal and Torres Strait Islander corporation:

(i) means a small business restructuring practitioner for the plan appointed under Part 5.3B of the Corporations Act (as applied by section 522-1 of this Act); and

(ii) if 2 or more persons are appointed under that Part as small business restructuring practitioners for the plan - has a meaning affected by paragraph 456N(2)(b) of that Act as so applied; or

(c) in relation to a body corporate (other than an Aboriginal and Torres Strait Islander corporation) but not in relation to a restructuring plan:

(i) means a small business restructuring practitioner for the body or entity appointed under Part 5.3B of the Corporations Act; and

(ii) if 2 or more persons are appointed under that Part as small business restructuring practitioners for the body or entity - has a meaning affected by paragraph 456M(2)(b) of the Corporations Act; or

(d) in relation to a restructuring plan made by a body corporate (other than an Aboriginal and Torres Strait Islander corporation):

(i) means a small business restructuring practitioner for the plan appointed under Part 5.3B of the Corporations Act; and

(ii) if 2 or more persons are appointed under that Part as small business restructuring practitioners for the plan - has a meaning affected by paragraph 456N(2)(b) of the Corporations Act.

result
includes:

(a) when used as a verb - result indirectly; and

(b) when used as a noun - an indirect result.

reviewable decision
has the meaning given by section 617-1 .

review auditor
has the meaning given by subsection 339-20(2) .

rules
means:

(a) rules of the Federal Court; or

(b) rules of the Supreme Court of a State or internal Territory;

as the case requires.

Schedule 2 to the Corporations Act
means Schedule 2 to the Corporations Act 2001 and rules made under that Schedule.

section 333-5 report
means a report that an Aboriginal and Torres Strait Islander corporation is required to prepare by regulations made for the purposes of section 333-5 .

securities
has the meaning given by section 694-75 .

senior manager
of an Aboriginal and Torres Strait Islander corporation means a person (other than a director or secretary of the corporation) who:

(a) makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the corporation; or

(b) has the capacity to affect significantly the corporation ' s financial standing.

solvent
has the meaning given by subsection 694-80(1) .

special administrator
means a person appointed under subsection 490-1(1) .

special resolution
means, in relation to an Aboriginal and Torres Strait Islander corporation, a resolution:

(a) of which notice as set out in paragraph 201-35(1)(c) has been given; and

(b) that has been passed by at least 75 % of the votes cast by members entitled to vote on the resolution.

spouse
of a person includes a de facto partner of the person within the meaning of the Acts Interpretation Act 1901 .

State Family Court
, in relation to a State, means a court of that State to which section 41 of the Family Law Act 1975 applies because of a Proclamation made under subsection 41(2) of that Act .

State or Territory court
means a court of a State, the Australian Capital Territory or the Northern Territory.

State or Territory Supreme Court
means the Supreme Court of:

(a) a State; or

(b) the Australian Capital Territory; or

(c) the Northern Territory.

subsection 586-5(3) proceeding
means a proceeding with respect to a matter referred to in subsection 586-5(3) .

subsidiary
, in relation to a body corporate, means a body corporate that is a subsidiary of the first-mentioned body by virtue of Division 689 .

superior court
means the Federal Court of Australia, the Supreme Court of a State or Territory, the Federal Circuit and Family Court of Australia (Division 1) or a State Family Court.

superior court matter
means a civil matter that this Act clearly intends (for example, by use of the expression the Court ) to be dealt with only by a superior court.

territorial sea
(Repealed by No 46 of 2011)

this Act
includes:

(a) the regulations; and

(b) any provision of the Corporations Act as applied by a provision of this Act.

Torres Strait Islander
means a descendant of an Indigenous inhabitant of the Torres Strait Islands.

unclaimed property
has the meaning given by section 551-1 .

under special administration
has the meaning given by section 487-25 .

unincorporated body
includes:

(a) an unincorporated association; and

(b) an unincorporated society.

wholly-owned subsidiary
, in relation to a body corporate (the holding body corporate ), means a body corporate none of whose members is a person other than:

(a) the holding body corporate; or

(b) a nominee of the holding body corporate; or

(c) a subsidiary of the holding body corporate, being a subsidiary none of whose members is a person other than:

(i) the holding body corporate; or

(ii) a nominee of the holding body corporate; or

(d) a nominee of such a subsidiary.