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StatuteBankruptcy Act 1966

Section 185 — Bankruptcy Act 1966: Definitions

Text of the provision Official document

In this Part, unless the contrary intention appears: account-freezing notice means a notice under subsection 186LB(2). adequate and appropriate fidelity insurance has a meaning affected by section 185A. adequate and appropriate professional indemnity insurance has a meaning affected by section 185A. affected creditor means: (a) in relation to a proposal to vary or terminate a debt agreement—a creditor who is a party (as creditor) to the agreement; or (b) in relation to a debt agreement proposal—a creditor who would be a party to the proposed debt agreement if it were made. applicable deadline: (a) in relation to a debt agreement proposal, means: (i) if Official Receiver accepted the proposal for processing in December—the end of the 42nd day after the acceptance; or (ii) otherwise—the end of the 35th day after the Official Receiver accepted the proposal for processing; or (b) in relation to a proposal to vary a debt agreement, means: (i) if the proposal was given to the Official Receiver in December—the end of the 42nd day after the proposal was given; or (ii) otherwise—the end of the 35th day after the proposal was given to the Official Receiver; or (c) in relation to a proposal to terminate a debt agreement, means: (i) if the proposal was given to the Official Receiver in December—the end of the 21st day after the proposal was given; or (ii) otherwise—the end of the 14th day after the proposal was given to the Official Receiver. basic eligibility test has the meaning given by section 186A. Chapter 5 body corporate has the same meaning as in the Corporations Act 2001. debt agreement activities of a company means the activities of the company in connection with: (a) debt agreement proposals for which the company is to be the administrator; and (b) debt agreements for which the company is the administrator. designated 6-month arrears default has the meaning given by subsection 185LC(3). frozen debt means a debt that: (a) is owed by a debtor who has given a debt agreement proposal that has been accepted by the Official Receiver for processing; and (b) would be a provable debt in relation to the proposed debt agreement if it were made; but does not include a debt arising under a maintenance agreement or maintenance order (whenever entered into or made). proposed administrator, in relation to a debt agreement proposal, means the person specified under paragraph 185C(2)(c). provable debt, in relation to a debt agreement, means a debt that would have been provable in bankruptcy if the debtor had become a bankrupt when the acceptance of the relevant debt agreement proposal for processing was recorded in the National Personal Insolvency Index. registered debt agreement administrator means a person who is registered under section 186D as a debt agreement administrator.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.