19BInterpretation

19B Interpretation

(1) In this Part, unless the contrary intention appears:

administering body, in relation to a CSL body, means:

(a) a liquidator or provisional liquidator of the CSL body; or
(b) a receiver, receiver and manager, or other controller, of property of the CSL body; or
(c) an administrator of the CSL body; or
(d) an administrator of a deed of company arrangement executed by the CSL body; or
(e) an administrator (if any) of a compromise or arrangement entered into by the CSL body;

under the Corporations Act 2001.

associate, in relation to a person, has the meaning it would have under Division 2 of Part 1.2 of the Corporations Act 2001 as in force on the commencement of that Act if that Division as so in force were, subject to the following modifications, still in force:

(a) section 12 of that Act as then in force were modified by omitting paragraphs (1)(b) and (c) and substituting the following word and paragraph:
“or (b) whether the primary person is in a position to exercise certain powers in relation to a body corporate;”; and
(b) sections 13 and 14 of that Act as then in force were disregarded.

Australian body corporate means a body corporate that:

(a) is incorporated by or under a law of the Commonwealth or of a State or Territory; and
(b) is substantially owned and, in the opinion of the directors of CSL at the time the matter is considered, effectively controlled by persons who are:
(i) Australian individuals; or
(ii) Australian government bodies; or
(iii) bodies corporate that have been determined to be Australian bodies corporate under a previous application of this definition; or
(iv) Australian fund managers.

Australian fund manager means the trustee or manager of a fund in which the total interests of Australian individuals, Australian government bodies and Australian bodies corporate represent at least 60% of the total interests in the fund.

Australian government body means:

(a) the Commonwealth, a State or a Territory; or
(b) a Commonwealth, State or Territory authority; or
(c) a local government body (whether incorporated or not) formed by or under a law of a State or a Territory; or
(d) a person who is a nominee of a body mentioned in paragraph (a), (b) or (c).

Australian individual means an individual who is an Australian citizen or is ordinarily resident in Australia.