THE CORPORATIONS LAW

CHAPTER 5 - EXTERNAL ADMINISTRATION

PART 5.7B - RECOVERING PROPERTY OR COMPENSATION FOR THE BENEFIT OF CREDITORS OF INSOLVENT COMPANY

Division 4 - Director liable to compensate company

Subdivision A - Proceedings against director

SECTION 588Q   CERTIFICATES EVIDENCING CONTRAVENTION  

588Q    For the purposes of this Part, a certificate that:

(a)  purports to be signed by the Registrar or other proper officer of an Australian court; and

(b)  states:

(i) that that court has declared that a specified person has, by failing to prevent a specified company from incurring a specified debt, contravened subsection 588G(3) in relation to the company; or

(ii) that a specified person was convicted by that court for an offence constituted by a contravention of subsection 588G(3) in relation to the incurring of a specified debt by a specified company; or

(iii) that a specified person charged before that court with such an offence was found in that court to have committed the offence but that the court did not proceed to convict the person of the offence;

is, unless it is proved that the declaration, conviction or finding was set aside, quashed or reversed, conclusive evidence:

(c)  that the declaration was made, that the person was convicted of the offence, or that the person was so found, as the case may be; and

(d)  that the person committed the contravention.