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Associations Act 2003
86Interpretation
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86 Interpretation
(1) For this Division, an incorporated association is taken to be unable
to pay its debts only if execution or other process issued on a
judgment, decree or order of a court in favour of a creditor of the
association is returned unsatisfied in whole or in part.
Associations Act 2003 57
(2) In this Division:
appropriate officer means, in relation to an incorporated
association:
(a) that is being or has been wound up – the liquidator; or
(b) for which a provisional liquidator has been appointed – the
provisional liquidator; or
(c) that is or has been under administration – the administrator or
statutory manager; or
(d) that has executed a deed of arrangement – the deed's
administrator; or
(e) that is defunct or is unable to pay its debts – the Director.
relevant day means, in relation to an incorporated association:
(a) that is being or has been wound up:
(i) if, because of the application of Part 5.6, Division 1A of
the Corporations Act 2001, the winding up is taken to
have begun on the day when an order that the
association be wound up was made – the day on which
the application for the order was filed; or
(ii) in any other case – the day on which the winding up is
taken, because of Part 5.6, Division 1A of the
Corporations Act 2001, to have begun; or
(b) for which a provisional liquidator has been appointed – the day
on which the provisional liquidator was appointed; or
(c) that is or has been under administration – the day on which
the administration began; or
(d) that has executed a deed of arrangement – the day on which
the deed was executed; or
(e) that is unable to pay its debts – the day on which execution or
other process was first returned unsatisfied in whole or in part.