Definitions
185 Definitions
In this Part, unless the contrary intention appears:
account‑freezing notice means a notice under subsection 186LB(2).
adequate and appropriate fidelity insurance has a meaning affected by section 185A.
adequate and appropriate professional indemnity insurance has a meaning affected by section 185A.
affected creditor means:
in relation to a proposal to vary or terminate a debt agreement—a creditor who is a party (as creditor) to the agreement; or
in relation to a debt agreement proposal—a creditor who would be a party to the proposed debt agreement if it were made.
applicable deadline:
in relation to a debt agreement proposal, means:
if Official Receiver accepted the proposal for processing in December—the end of the 42nd day after the acceptance; or
otherwise—the end of the 35th day after the Official Receiver accepted the proposal for processing; or
in relation to a proposal to vary a debt agreement, means:
if the proposal was given to the Official Receiver in December—the end of the 42nd day after the proposal was given; or
otherwise—the end of the 35th day after the proposal was given to the Official Receiver; or
in relation to a proposal to terminate a debt agreement, means:
if the proposal was given to the Official Receiver in December—the end of the 21st day after the proposal was given; or
otherwise—the end of the 14th day after the proposal was given to the Official Receiver.
basic eligibility test has the meaning given by section 186A.
Chapter 5 body corporate has the same meaning as in the Corporations Act 2001.
debt agreement activities of a company means the activities of the company in connection with:
debt agreement proposals for which the company is to be the administrator; and
debt agreements for which the company is the administrator.
designated 6‑month arrears default has the meaning given by subsection 185LC(3).
frozen debt means a debt that:
is owed by a debtor who has given a debt agreement proposal that has been accepted by the Official Receiver for processing; and
would be a provable debt in relation to the proposed debt agreement if it were made;
but does not include a debt arising under a maintenance agreement or maintenance order (whenever entered into or made).
proposed administrator, in relation to a debt agreement proposal, means the person specified under paragraph 185C(2)(c).
provable debt, in relation to a debt agreement, means a debt that would have been provable in bankruptcy if the debtor had become a bankrupt when the acceptance of the relevant debt agreement proposal for processing was recorded in the National Personal Insolvency Index.
registered debt agreement administrator means a person who is registered under section 186D as a debt agreement administrator.
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