5Definitions

5 Definitions

In this Act:

advance means financial assistance under this Act on account of employment entitlements.

annual leave entitlement has the meaning given by subsection 6(2).

appointment of an insolvency practitioner includes a person becoming an insolvency practitioner:

(a) by taking possession or control of property; or
(b) by operation of law.

Bankruptcy Act 1966: a reference to the Bankruptcy Act 1966 or a provision of that Act is a reference to that Act or provision:

(a) applying of its own force; or
(b) applying, with or without modifications, because of a law of the Commonwealth, a State or a Territory.

bankruptcy trustee of a person means the trustee under the Bankruptcy Act 1966 of the person’s estate in bankruptcy.

Corporations Act 2001: a reference to the Corporations Act 2001 or a provision of that Act is a reference to that Act or provision:

(a) applying of its own force; or
(b) applying, with or without modifications, because of a law of the Commonwealth, a State or a Territory.

cost:

(a) of the winding up of an employer—means:
(i) an expense that relates to the winding up and is described in paragraph 556(1)(a) of the Corporations Act 2001; or
(ii) an amount described in section 558 of that Act as a cost of the winding up; or
(b) of the bankruptcy of an employer—means:
(i) an expense that relates to the bankruptcy and is described in paragraph 109(1)(a) of the Bankruptcy Act 1966; or
(ii) an amount described in section 109A of that Act as a cost of the bankruptcy.

Note: Paragraph 556(1)(a) of the Corporations Act 2001 describes expenses incurred by a liquidator or administrator in carrying on a company’s business, among other things. Paragraph 109(1)(a) of the Bankruptcy Act 1966 describes expenses of the administration of the bankruptcy, among other things.

employer includes former employer.

employment entitlement means:

(a) annual leave entitlement; or
(b) long service leave entitlement; or
(c) payment in lieu of notice entitlement; or
(d) redundancy pay entitlement; or
(e) wages entitlement.

Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.