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Employee Protection (Employee Entitlements Guarantee) Bill 2005

Part 2 Interpretation

6   Interpretation

                   In this Act, unless the contrary intention appears:

approved insurer has the meaning given in section 16.

Commissioner means the Insurance and Superannuation Commissioner appointed under the Insurance and Superannuation Commissioner Act 1987 , or a person for the time being acting as Insurance and Superannuation Commissioner under that Act.

contract of employment includes:

                     (a)  a contract of apprenticeship;

                     (b)  a contract under which a person works for commission;

                     (c)  a contract that is wholly or principally for the labour of a person;

                     (d)  a contract under which a person performs or presents, or participates in the performance or presentation of, any music, play, dance, entertainment, sport, display or promotional activity or any similar activity involving the exercise of intellectual, artistic, musical, physical or other personal skills;

                     (e)  a contract under which a person provides services in connection with an activity referred to in paragraph (c);

                      (f)  a contract under which a person performs services in, or in connection with, the making of any film, tape or disc or of any television or radio broadcast.

employer means a person who is liable to pay for the services of another under a contract of employment and includes a former employer.

employee means a person who provides services under a contract of employment and includes a former employee.

insolvent has the meaning given by section 7.

insurer means:

                     (a)  a person authorised by the Insurance Act 1973 or a law of a State to carry on insurance business; or

                     (b)  a body corporate that is, under the law of a State, responsible for administering a scheme of workers compensation;

                            and includes the nominal insurer.

nominal insurer means the Commissioner in the Commissioner's capacity as nominal insurer under this Act.

relevant conciliation procedures means procedures for the settlement of claims under this Act by conciliation prescribed:

                     (a)  in the case of a claim against an approved insurer—in the agreement between the Commissioner and the insurer; or

                     (b)  in the case of a claim against the nominal defendant—in the regulations.

wages includes any payment made, or to be made, by an employer to or for the benefit of an employee under a contract of employment.

workforce means the total body of an employer's employees (and, if an employer has only one employee, is a reference to that employee).

year means calendar year.

7   Insolvency

             ( 1 )  A person is insolvent if the person is unable to pay debts as they fall due.

             (2)  Without limiting subsection (1), an individual is to be regarded as insolvent if the individual:

                     (a)  has become bankrupt; or

                     (b)  has applied to take the benefit of a law for the benefit of bankrupt or insolvent debtors; or

                     (c)  has compounded with his or her creditors; or

                     (d)  has assigned his or her remuneration for the benefit of creditors.

             (3)  Without limiting subsection (1), a company is to be regarded as insolvent if:

                     (a)  the company has entered into a compromise or arrangement with its creditors, or a class of its creditors, and the administration of the compromise or arrangement has not yet ended; or

                     (b)  a receiver, or a receiver and manager, of property of the company has been appointed and is acting; or

                     (c)  the company is under administration within the meaning of the Corporations Law; or

                     (d)  the company has executed a deed of company arrangement under Part 5.3 of the Corporations Law and the arrangement has not yet terminated; or

                     (e)  the company is under official management; or

                      (f)  the company is being wound up; or

                     (g)  a provisional liquidator has been appointed for the company and has not since been removed.