Corporations Act. Australia
for the sale of property:
(a) if the contract contains a provision the effect of which is that the seller retains title in the property until the purchase price, or another amount, has been paid in full; and
(b) if the purchase price, or the other amount, as the case may be, has not been paid in full; and
(c) to the extent that the contract does not give rise to a PPSA security interest in the property.
Note: See also the definitions of PPSA security interest in section 51 and PPSA retention of title property in section 51F.
retirement village scheme means a scheme, undertaking or enterprise (in this definition called the relevant scheme), whether in Australia or elsewhere, that is being, or is proposed to be, carried out or undertaken with the intention that the participants, or a majority of the participants, in the relevant scheme be provided, in connection with the relevant scheme, with residential accommodation within a retirement community, whether or not the entitlement of a participant to be provided with such accommodation derives from a proprietary interest held by the participant in the premises where the accommodation is provided, but does not include a time‑sharing scheme.
return of particulars for a company or a registered scheme means a statement given by ASIC that contains any or all of the following:
(a) some or all of the particulars in relation to the company or scheme that are recorded in the register or registers maintained by ASIC under subsection 1274(1);
(b) a requirement to provide a particular under section 348B;
(c) a requirement to comply with a subsection of section 348C (and, if applicable, pass a resolution).
review auditor has the meaning given by section 324AF.
review date has the meaning given by section 345A.
review fee has the meaning given by section 5 of the Corporations (Review Fees) Act 2003.
revoke, in relation to an accounting standard, means, in the case of a provision of an accounting standard, vary the last‑mentioned accounting standard by omitting the provision.
rights issue has the meaning given by subsections 9A(1) and (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.
scheme property of a registered scheme means:
(a) contributions of money or money’s worth to the scheme; and
(b) money that forms part of the scheme property under provisions of this Act or the ASIC Act; and
(c) money borrowed or raised by the responsible entity for the purposes of the scheme; and
(d) property acquired, directly or indirectly, with, or with the proceeds of, contributions or money referred to in paragraph (a), (b) or (c); and
(e) income and property derived, directly or indirectly, from contributions, money or property referred to in paragraph (a), (b), (c) or (d).
Note 1: Paragraph (a) — if what a member contributes to a scheme is rights over property, the rights in the property that the member retains do not form part of the scheme property.
Note 2: For provisions that are relevant to paragraph (b), see subsections 177(4), 1317HA(1A), 1317HB(3) and 1317HD(3) of this Act and subsection 93A(5) of the ASIC Act.
scrip means documents that are, or are documents of title to, securities.
section 513C day, in relation to the administration of a company, has the meaning given by section 513C.
secured creditor has the meaning given by section 51E.
secured party has the meaning given by section 51B.
securities has the meaning given by section 92.
security interest has the meaning given by section 51A.
selective buy‑back means a buy‑back that is none of the following:
(a) a buy‑back under an equal access scheme within the meaning of subsections 257B(2) and (3);
(b) a minimum holding buy‑back;
(c) an on‑market buy‑back;
(d) an employee share scheme buy‑back.
senior manager:
(a) in relation to a corporation — means a person (other than a director or secretary of the corporation) who:
(i) makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the corporation; or
(ii) has the capacity to affect significantly the corporation’s financial standing; and
(b) in relation to a partnership — means a person (other than a partner) who:
(i) makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the partnership; or
(ii) has the capacity to affect significantly the partnership’s financial standing; and
(c) in relation to a trust — means a person (other than a trustee) who:
(i) makes, or participates in making, decisions that affect the whole, or a substantial part, of the business or affairs of the trust; or
(ii) has the capacity to affect significantly the financial standing of the trust; and
(d) in relation to a joint venture — means a person (other than a director or secretary of a corporation participating in the joint venture) who:
(i) makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the joint venture; or
(ii) has the capacity to affect significantly the financial standing of the joint venture.
serious fraud means an offence involving fraud or dishonesty, being an offence:
(a) against an Australian law or any other law; and
(b) punishable by imprisonment for life or for a period, or maximum period, of at least 3 months.
sheriff includes a person charged with the execution of a writ or other process.
small company limited by guarantee has the meaning given by section 45B.
small proprietary company has the meaning given by subsection 45A(2).
solvency resolution means a resolution by the directors of a company as to whether or not, in their opinion, there are reasonable grounds to believe that the company will be able to pay its debts as and when they become due and payable.
solvent has the meaning given by subsection 95A(1).
special resolution means:
(a) in relation to a company, a resolution:
(i) of which notice as set out in paragraph 249L(1)(c) has been given; and
(ii) that has been passed by at least 75 % of the votes cast by members entitled to vote on the resolution; or
(b) in relation to a registered scheme, a resolution:
(i) of which notice as set out in paragraph 252J(c) has been given; and
(ii) that has been passed by at least 75 % of the votes cast by members