Section 5BBankruptcy Act 1966 (Cth)

Associated entities: companies

(1) For the purposes of this Act, a company is associated with a person if the person:

(a) is a company officer of the company or otherwise is concerned, or takes part, in the company’s management; or

(b) is able to control, or to influence materially, the company’s activities or internal affairs; or

(c) is a member of the company; or

(d) is in a position to cast, or to control the casting of, a vote at a general meeting of the company; or

(e) has power to dispose of, or to exercise control over the disposal of, a share in the company; or

(f) is financially interested in the company’s success or failure or apparent success or failure; or

(g) is owed a debt by the company; or

(h) is employed, or is engaged under a contract for services, by the company; or

(j) acts as agent for the company in any transaction or dealing; or

(k) gives professional advice to the company.

(2) For the purposes of this Act, a company is also associated with a person if the company:

(a) holds property jointly with the person; or

(b) is dealing with the person’s property as an agent for the person; or

(c) is a trustee of a trust under which the person is capable of benefiting; or

(d) acquires or disposes of property as a result of dealing with the person.

(3) The circumstances set out in subsections (1) and (2) are the only circumstances in which a company is associated with a person for the purposes of this Act.

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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