Corporations Act. Australia
of banking (other than State banking not extending beyond the limits of the State concerned).
base salary has the meaning specified in regulations made for the purposes of this definition.
begin, in relation to a winding up, has the meaning given by Division 1A of Part 5.6.
benefit:
(a) means any benefit, whether by way of payment of cash or otherwise; and
(b) when used in Division 2 of Part 2D.2 (sections 200 to 200J) — has the meaning given by section 200AB.
bid class of securities for a takeover bid is the class of securities to which the securities being bid for belong.
bidder for a takeover bid means the person who makes or proposes to make, or each of the people who make or propose to make, the offers under the bid (whether personally or by an agent or nominee).
Note: A person who announces a bid on behalf of another person is not making the bid, the other person is making the bid.
bidder’s statement means a bidder’s statement under sections 636 and 637 as supplemented.
bid period:
(a) for an off‑market bid — starts when the bidder’s statement is given to the target and ends:
(i) 1 month later if no offers are made under the bid; or
(ii) at the end of the offer period; and
(b) for a market bid — starts when the bid is announced to the relevant financial market and ends at the end of the offer period.
Board, when used in Part 9.2, means the Companies Auditors and Liquidators Disciplinary Board.
board limit means a limit described in section 201N.
board limit resolution means a resolution described in paragraph 201P(1)(a).
body means a body corporate or an unincorporated body and includes, for example, a society or association.
body corporate:
(a) includes a body corporate that is being wound up or has been dissolved; and
(b) in this Chapter (except section 66A) and section 206E includes an unincorporated registrable body.
body regulated by APRA has the meaning given by subsection 3(2) of the Australian Prudential Regulation Authority Act 1998.
books includes:
(a) a register; and
(b) any other record of information; and
(c) financial reports or financial records, however compiled, recorded or stored; and
(d) a document;
but does not include an index or recording made under Subdivision D of Division 5 of Part 6.5.
borrower, in relation to a debenture, means the body that is or will be liable to repay money under the debenture.
business affairs, in relation to an entity, has a meaning affected by sections 53AA, 53AB, 53AC and 53AD.
business day means a day that is not a Saturday, a Sunday or a public holiday or bank holiday in the place concerned.
Business Names Register means the Register established and maintained under section 22 of the Business Names Registration Act 2011.
buy‑back by a company means the acquisition by the company of shares in itself.
buy‑back agreement by a company means an agreement by the company to buy back its own shares (whether the agreement is conditional or not).
Capital Territory means the Australian Capital Territory and the Jervis Bay Territory.
carbon unit has the same meaning as in the Clean Energy Act 2011.
carry on has a meaning affected by Division 3.
cash management trust interest means an interest that:
(a) is an interest in a registered scheme; and
(b) relates to an undertaking of the kind commonly known as a cash management trust.
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.
charge means a charge created in any way and includes a mortgage and an agreement to give or execute a charge or mortgage, whether on demand or otherwise.
chargeable matter has the same meaning as in the Corporations (Fees) Act 2001.
chargee means the holder of a charge and includes a person in whose favour a charge is to be given or executed, whether on demand or otherwise, under an agreement.
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.
circulating security interest has the meaning given by section 51C.
civil matter means a matter other than a criminal matter.
civil penalty disqualification has the meaning given by subsection 91(4A).
civil penalty order means any of the following:
(a) a declaration of contravention under section 1317E;
(b) a pecuniary penalty order under section 1317G;
(ba) a refund order under section 1317GA;
(c) a compensation order under section 961M, 1317H, 1317HA or 1317HB;
(d) an order under section 206C disqualifying a person from managing corporations.
civil penalty provision has the meaning given in subsection 1317E(1).
class has:
(b) in relation to shares or interests in a managed investment scheme — a meaning affected by section 57; and
(c) when used in relation to securities for the purposes of Chapter 6, 6A or 6C — a meaning affected by subsection 605(2).
clearing and settlement facility, when used in a provision outside Chapter 7, has the same meaning as it has in Chapter 7.
close associate of a director means:
(a) a relative of the director; or
(b) a relative of a spouse of the director.
closely related party of a member of the key management personnel for an entity means:
(a) a spouse or child of the member; or
(b) a child of the member’s spouse; or
(c) a dependant of the member or of the member’s spouse; or
(d) anyone else who is one of the member’s family and may be expected to influence the member, or be influenced by the member, in the member’s dealings with the entity; or
(e) a company the member controls; or