CTHRepealedAct
Bankruptcy Act 1924
Interpretation of terms.Interpretation of terms.
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### Interpretation of terms.
Cf. E.B.A., s. 167.
4. In this Act, unless the contrary intention appears—
“Affidavit” includes statutory declaration and affirmation;
“Available act of bankruptcy” means any act of bankruptcy available for a bankruptcy petition at the date of the presentation of the bankruptcy petition on which the sequestration order is made;
“Bankrupt” means any person in respect of whose estate a sequestration order has been made;
“Bankruptcy”, in relation to jurisdiction or proceedings, includes any jurisdiction or proceedings under or by virtue of this Act;
“Debt provable in bankruptcy”, or “Provable debt”, includes any debt or liability by this Act made provable in bankruptcy;
E.B.A., s. 1 (2).
“Debtor” includes any person, whether a British subject or not, who at the time when any act of bankruptcy was done or suffered by him—
(a) was personally present in Australia; or
(b) ordinarily resided or had a place of residence in Australia; or
(c) was carrying on business in Australia, personally, or by means of an agent or manager; or
(d) was a member of a firm or partnership which carried on business in Australia;
“Extraordinary resolution” means a resolution passed by three-fourths in number and value of the creditors present, personally or by proxy, at a meeting of creditors and voting on the resolution;
“Goods” includes all chattels personal;
“Oath” includes statutory declaration and affirmation;
“Officer” means an officer of the Court;
“Ordinary resolution” means a resolution passed by a majority in value of the creditors present, personally or by proxy, at a meeting of creditors and voting on the resolution;
“Petition” means a bankruptcy petition;
“Prescribed” means prescribed by this Act, or by rules or regulations under this Act;
“Property” includes money, goods, things in action, land, and every description of property, whether real or personal and whether situate in Australia or elsewhere; also obligations, easements, and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as above defined;
“Registrar” means a Registrar in Bankruptcy and includes a Deputy Registrar in Bankruptcy when exercising any of the powers or functions of the Registrar;
“Regulations” includes rules;
“Resolution” means ordinary resolution;
“Rules” means rules made under this Act and includes regulations;
“Secured creditor” means a person holding a mortgage, charge, or lien on the property of the debtor, or any part thereof, as a security for a debt due to him from the debtor;
“Sequestration” means the making of a sequestration order, and “sequestrate” has a corresponding meaning;
“Sheriff” includes any officer charged with the execution of a writ or other process;
“Special resolution” means a resolution passed by a majority in number and three-fourths in value of the creditors present, personally or by proxy, at a meeting of creditors and voting on the resolution;
“State Court” means a State Court having jurisdiction in bankruptcy under this Act;
“Supreme Court” means the Supreme Court of a State or a Judge thereof;
“Territory” means a Territory under the authority of the Commonwealth (including a Territory governed by the Commonwealth under a mandate) to which this Act extends;
“The Court” means any Court having jurisdiction in bankruptcy or a Judge thereof;
“The High Court” means the High Court of Australia;
“This Act” includes all rules or regulations made thereunder;
“Trustee” means the trustee in bankruptcy of a bankrupt’s estate and the official receiver when acting as trustee or the trustee under a composition or scheme of arrangement or under a deed of arrangement or under a deed of assignment, as the case may be.