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 8 - Powers of administrator

SECTION 442D   ADMINISTRATOR'S POWERS SUBJECT TO POWERS OF CHARGEE, RECEIVER ETC  

442D(1)  [Sec 441A]  

Where section 441A applies, the administrator's functions and powers are subject to the functions and powers of a person as:

(a)  the chargee; or

(b)  a receiver or person of a kind referred to in paragraph 441A(3)(b) (even if appointed after the decision period).

442D(2)  [Sec 441C]  

Where section 441C applies, then, so far as concerns perishable property of the company, the administrator's functions and powers are subject to the functions and powers of a person as:

(a)  the chargee; or

(b)  a receiver or person appointed (at any time) as mentioned in paragraph (a), (b) or (d) of the definition of `` enforce '' in section 9.

442D(3)  [Sec 441B, 441F, 441G]  

Where section 441B, 441F or 441G applies, then, so far as concerns the property referred to in subsection 441B(1), 441F(1) or 441G(1), the administrator's functions and powers are subject to the functions and powers of the chargee, receiver or other person.




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