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Corporations (Aboriginal and Torres Strait Islander) Bill 2006

Part 17-3 Dictionary

Division 700 Dictionary

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 the Family Court, 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 an authorised trustee corporation (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

                             (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

                            (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:          Paragraph 17(a) 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 has the same meaning as in the Corporations Act.

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 means a day that is not a Saturday, a Sunday or a public holiday or bank holiday in the place concerned.

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

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).

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.

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 provisions has the meaning given by subsection 531-1(3).

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 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).

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.

de facto spouse , in relation to a person, means an individual of the opposite sex to that person who is living with that person as his or her spouse on a genuine domestic basis although not legally married to that person.

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.

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).

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 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 has the same meaning as in the Corporations Act.

Family Court means the Family Court of Australia.

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 means the record or records of information identified in a notice under subsection 147(5) of the Corporations Act.

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.

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.

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;

                     (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.

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.

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(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.

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 Family Court 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 has the same meaning as in the Seas and Submerged Lands Act 1973 .

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.

(104/05)