Fraudulent Activity means dishonestly obtaining a benefit, or causing a loss, by deception or other means, and includes suspected, alleged, attempted or related conduct.
Freedom of Information Commissioner the office of that name established under the Australian Information Commissioner Act 2010 (Cth) and includes any other person that may, from time to time, perform the functions of that office.
Funds the amount specified in Item 3.1 of the Project Particulars that is payable by the Department to the Recipient under this Agreement.
Information Commissioner the office of that name established under the Australian Information Commissioner Act 2010 (Cth) and includes any other person that may, from time to time, perform the functions of that office.
Insolvency Event the happening of any of these events:
(a) if the party:
(i) makes an assignment of its estate for the benefit of creditors or enters into any arrangement or composition with its creditors; or
(ii) suffers any execution against its assets which has or will have an adverse effect on its ability to perform this Agreement;
(a) if the party is an individual:
(i) being bankrupt; or
(ii) entering into a scheme of arrangement with creditors; or
(iii) a mortgagee’s or a chargee’s agent being appointed;
(b) if the party is a body corporate:
(i) an application is made to a court (and not dismissed or withdrawn within 30 days) for an order or an order is made that the body corporate be wound up;
(ii) an application is made to a court (and not dismissed or withdrawn within 30 days) for an order appointing a liquidator or provisional liquidator in respect of the body corporate, or one of them is appointed, whether or not under an order;
(iii) a meeting is convened or a resolution is passed to appoint an official manager in respect of the body corporate;
(iv) except to reconstruct or amalgamate while solvent on terms approved by the Department, the body corporate enters into, or resolves to enter into, a scheme of arrangement or composition with, or assignment for the benefit of, all or any class of its creditors, or it proposes a reorganisation, moratorium or other administration involving any of them;
(v) the body corporate resolves to wind itself up, or otherwise dissolve itself, or gives notice of intention to do so, except to reconstruct or amalgamate while solvent on terms approved by the Department or is otherwise wound up or dissolved;
(vi) the body corporate is or states that it is unable to pay its debts when they fall due or is deemed or presumed to be insolvent under the Corporations Act 2001 (Cth);
(vii) a ground or grounds on which a body corporate may be wound up exists, or the body corporate makes a statement from which it may be reasonably deduced by the Department that such ground or grounds exists, as specified in section 461 (or in the case of a part 5.7 body, section 585) of the Corporations Act 2001 (Cth);
(viii) the body corporate takes any step to obtain protection or is granted protection from its creditors, under any applicable legislation or an administrator is appointed to the body corporate;
(ix) the body corporate becomes insolvent under administration as defined in section 9 of the Corporations Act 2001 (Cth) or action is taken which could result in the event; or
(c) anything analogous or having a substantially similar effect to any of the events specified above happens under the Law of any applicable jurisdiction.