3Definitions

#### 3 Definitions 3 Definitions > > (1) In this Act— > > > > ABN 60 means the company registered under the Corporations Act immediately before the introduction day as ABN 60 Pty Limited (ACN 000 009 263) that was formerly called James Hardie Industries Limited, and includes any successor to or continuation of that company. > > > > ABN 60 Foundation means the company registered under the Corporations Act immediately before the introduction day as ABN 60 Foundation Limited (ACN 106 266 611), and includes any successor to or continuation of that company. > > > > Amaba means the company registered under the Corporations Act immediately before the introduction day as Amaba Pty Limited (ACN 000 387 342) that was formerly called Jsekarb Pty Limited, and includes any successor to or continuation of that company. > > > > Amaca means the company registered under the Corporations Act immediately before the introduction day as Amaca Pty Limited (ACN 000 035 512) that was formerly called James Hardie & Coy Pty Limited, and includes any successor to or continuation of that company. > > > > assent day means the day on which this Act received the Royal Assent. > > > > Compensation Foundation means the company registered under the Corporations Act immediately before the introduction day as the Medical Research and Compensation Foundation (ACN 095 924 137), and includes any successor to or continuation of that company. > > > > concurrent wrongdoer, in relation to a civil liability, means a person who is one of two or more persons whose acts or omissions (or act or omission) caused, independently of each other or jointly, the damage or loss that is the subject of the liability. > > > > controlled entity of James Hardie Industries NV has the same meaning as it has in section 32 of the [James Hardie Former Subsidiaries (Winding up and Administration) Act 2005](/view/html/inforce/current/act-2005-105). > > > > Corporations Act means the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth. > > > > Corporations legislation means the Corporations legislation to which Part 1.1A of the Corporations Act applies. > > > > damages includes any form of monetary compensation. > > > > economic loss includes damage to property. > > > > exercise a function includes perform a duty. > > > > Final Funding Agreement has the same meaning as it has in the [James Hardie Former Subsidiaries (Winding up and Administration) Act 2005](/view/html/inforce/current/act-2005-105). > > > > function includes a power, authority or duty. > > > > general law means the common law and equity. > > > > Heads of Agreement means the Heads of Agreement entered into on 21 December 2004 by the following persons and bodies— > > > > > (a) James Hardie Industries NV, > > > > > (b) the State, > > > > > (c) the Australian Council of Trade Unions, > > > > > (d) Unions New South Wales, > > > > > (e) Mr Bernie Banton as the designated representative of the Asbestos Victims Groups named in Schedule 1 to the Heads of Agreement. > > > > introduction day means the day on which the Bill for this Act was first introduced into Parliament. > > > > Editorial note— > > > > Day the Bill for this Act was first introduced into Parliament: 1.12.2005. > > > > Jackson Inquiry means the Special Commission of Inquiry that was commissioned, by Letters Patent dated 27 February 2004 and 30 June 2004, to inquire into and report on certain matters relating to the establishment of the Compensation Foundation. > > > > Jackson Inquiry Report means the report issued by the Jackson Inquiry on 21 September 2004 entitled “Report of the Special Commission of Inquiry into the Medical Research and Compensation Foundation”. > > > > James Hardie Industries NV means the foreign company incorporated in the Netherlands registered under the Corporations Act immediately before the introduction day as James Hardie Industries NV (ARBN 097 829 895), and includes such successors to or continuations of that company, or other entities having obligations under the Final Funding Agreement, as may be prescribed by the regulations. > > > > legislation includes— > > > > > (a) any statute of a legislature (whether enacted or made in Australia or elsewhere), and > > > > > (b) any proclamation, regulation, rule, by-law, order or any other kind of subordinate legislation (however described) made under the authority of a statute (whether enacted or made in Australia or elsewhere). > > > > liable entity means each of the following— > > > > > (a) ABN 60, > > > > > (b) Amaba, > > > > > (c) Amaca. > > > > Related Agreement means any agreement as in force from time to time that is entered into (whether before, during or after the assent day) as contemplated by the terms of the Final Funding Agreement. > > > > the 2001 Deed of Covenant and Indemnity means the Deed of Covenant and Indemnity executed in February 2001 by— > > > > > (a) James Hardie Industries Limited (which was subsequently renamed as ABN 60), and > > > > > (b) Jsekarb Pty Limited (which was subsequently renamed as Amaba), and > > > > > (c) James Hardie & Coy Pty Limited (which was subsequently renamed as Amaca). > > > > the 2003 Deed of Covenant, Indemnity and Access means the Deed of Covenant, Indemnity and Access executed by James Hardie Industries NV and ABN 60 in March 2003, as amended by the Deed of Rectification executed by those parties on 3 February 2004. > > > > the State means the State of New South Wales. > > > (2) In this Act, the following terms have the meanings given in section 9 of the Corporations Act— > > > > ACN > > > > ARBN > > > > company > > > > director > > > > foreign company > > > > officer > > > (3) If this Act provides for an event or other thing to occur on a particular day, that event or thing is taken to occur at the beginning of that day. > > > (4) Notes included in this Act do not form part of this Act.