Section 185Bankruptcy Act 1966 (Cth)

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:

(a) in relation to a proposal to vary or terminate a debt agreement—a creditor who is a party (as creditor) to the agreement; or

(b) 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:

(a) in relation to a debt agreement proposal, means:

(i) if Official Receiver accepted the proposal for processing in December—the end of the 42nd day after the acceptance; or

(ii) otherwise—the end of the 35th day after the Official Receiver accepted the proposal for processing; or

(b) in relation to a proposal to vary a debt agreement, means:

(i) if the proposal was given to the Official Receiver in December—the end of the 42nd day after the proposal was given; or

(ii) otherwise—the end of the 35th day after the proposal was given to the Official Receiver; or

(c) in relation to a proposal to terminate a debt agreement, means:

(i) if the proposal was given to the Official Receiver in December—the end of the 21st day after the proposal was given; or

(ii) 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:

(a) debt agreement proposals for which the company is to be the administrator; and

(b) 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:

(a) is owed by a debtor who has given a debt agreement proposal that has been accepted by the Official Receiver for processing; and

(b) 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.

Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

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