(1) For the purposes of this Part, a body corporate becomes insolvent at a
particular time if, and only if, at that time:
- (aa)
- an administrator of the
body corporate is appointed under section 436A, 436B or 436C; or
- (a)
- the body corporate commences to be wound up or ceases to carry on
business; or
- (b)
- a receiver, or a receiver and manager, of property of the body corporate
is appointed, whether by a court or otherwise; or
- (c)
- the body corporate enters into a compromise or arrangement with its
creditors or a class of them.
(3) For the purposes of this Part, a natural person becomes insolvent at a
particular time if, and only if, at that time:
- (a)
- a creditor's petition or
a debtor's petition is presented under Division 2 or 3, as the case may
be, of Part IV of the Bankruptcy Act 1966 against:
- (i)
- the person; or
- (ii)
- a partnership in which the person is a partner; or
- (iii)
- 2 or more joint debtors who include the person; or
- (b)
- the person's property becomes subject to control under Division 2 of
Part X of the Bankruptcy Act 1966 ; or
- (c)
- the person executes a deed of assignment or deed of arrangement under Part
X of the Bankruptcy Act 1966 ; or
- (d)
- the person's creditors accept a composition under Part X of the
Bankruptcy Act 1966 .
(4) A reference in subsection (3) to a Division or Part of the
Bankruptcy Act 1966 includes a reference to provisions of a law of an external
Territory, or a country other than Australia or an external Territory, that
correspond to that Division or Part.