THE CORPORATIONS LAW

CHAPTER 5 - EXTERNAL ADMINISTRATION

PART 5.3A - ADMINISTRATION OF A COMPANY'S AFFAIRS WITH A VIEW TO EXECUTING A DEED OF COMPANY ARRANGEMENT

Division 7 - Rights of chargee, owner or lessor

SECTION 441F   WHERE RECOVERY OF PROPERTY BEGINS BEFORE ADMINISTRATION  

441F(1)  [Receiver acts before administration]  

This section applies if, before the beginning of the administration of a company, a receiver or other person:

(a)  entered into possession, or assumed control, of property used or occupied by, or in the possession of, the company; or

(b)  exercised any other power in relation to such property;

for the purpose of enforcing a right of the owner or lessor of the property to take possession of the property or otherwise recover it.

441F(2)  [Sec 437C and 440C]  

Nothing in section 437C or 440C prevents the receiver or other person from performing a function, or exercising a power, in relation to the property.

441F(3)  [Sec 437D]  

Section 437D does not apply in relation to a transaction or dealing that affects the property and is entered into in the performance or exercise of a function or power of the receiver or other person.