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Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION

PART 5.9 - MISCELLANEOUS

Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 8 of Part 8B.6 .

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Division 3 - Provisions applying to various kinds of external administration

SECTION 600F LIMITATION ON RIGHT OF SUPPLIERS OF ESSENTIAL SERVICES TO INSIST ON PAYMENT AS CONDITION OF SUPPLY

600F(1)
If:

(a) a relevant authority of an eligible company requests, or authorises someone else to request, a person or authority ( the supplier ) to supply an essential service to the company in Australia; and

(b) the company owes an amount to the supplier in respect of the supply of the essential service before the effective day;

the supplier must not:

(c) refuse to comply with the request for the reason only that the amount is owing; or

(d) make it a condition of the supply of the essential service pursuant to the request that the amount is to be paid.

600F(2)

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In this section:

effective day
, in relation to a relevant authority of an eligible company, means the day when the relevant authority became a relevant authority of the company, even if that day began before this Act commenced.

eligible company
means a company:

(a) that is being wound up; or

(b) a provisional liquidator of which is acting; or

(c) that is under administration; or

(d) that has executed a deed of company arrangement that has not yet terminated; or

(da) that is under restructuring; or

(db) that has made a restructuring plan that has not yet terminated; or

(e) a receiver, or receiver and manager, of property of which is acting.

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essential service
(Repealed by No 87 of 2024, s 3, Sch 1[8] (effective 24 September 2024).)

relevant authority
, in relation to an eligible company, means:

(a) the liquidator; or