Corporations Act 2001
CHAPTER 8B
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CORPORATE COLLECTIVE INVESTMENT VEHICLES
PART 8B.6
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EXTERNAL ADMINISTRATION AND DEREGISTRATION
Division 5
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Winding up of sub funds
Subdivision G
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Powers of Courts
SECTION 1237Z
WARRANT IN RELATION TO BOOKS
1237Z(1)
This section applies in relation to a warrant issued by a Court under subsection 530C(2) on application by the liquidator or provisional liquidator of a sub-fund of a CCIV.
1237Z(2)
The books of a CCIV that may be searched for under the warrant are any books of the CCIV.
1237Z(3)
The books of the CCIV that may be seized under the warrant are books of the CCIV that relate to the sub-fund.
Specified person to be in possession of warrant
1237Z(4)
When executing the warrant, the specified person must be in possession of the warrant or a copy of the warrant.
Notification of entry
1237Z(5)
Subsections (6) and (7) apply if: (a) the warrant is being executed in relation to premises; and (b) the occupier of the premises, or another person who apparently represents the occupier, is present at the premises.
1237Z(6)
Before entering the premises under the warrant, the specified person must: (a) announce that the person is authorised to enter the premises; and (b) show the occupier or other person evidence of the person ' s identity that:
1237Z(7)
The specified person must, as soon as practicable: (a) make a copy of the warrant available to the occupier or other person; and (b) inform the occupier or other person in writing of the rights and responsibilities of the occupier or other person under this section and section 530C .
Books to be used only for purpose of liquidation
1237Z(8)
A book of the CCIV seized under the warrant may be used only for the purpose for which it was seized.
Return of seized things
1237Z(9)
Despite subsection 530C(4) , and subject to any contrary order of the Court, a person who has custody of property or a book because of the execution of the warrant must take reasonable steps to return the property or book to the CCIV when the property or book is no longer required to be retained for the purpose for which it was seized.
Receipts
1237Z(10)
If property or a book is seized under the warrant, the specified person must provide a receipt for the property or book.
1237Z(11)
If 2 or more books or items of property are seized, they may be covered by the one receipt.
View history note
Hide history noteCCH note - modifying legislative instruments: The application of Pt 8B.6 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (CCIV Auditors) Instrument 2024/668.
For other legislative instruments or class orders before 1 January 2022 that affect the application of Pt 8B.6, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
This section applies in relation to a warrant issued by a Court under subsection 530C(2) on application by the liquidator or provisional liquidator of a sub-fund of a CCIV.
1237Z(2)
The books of a CCIV that may be searched for under the warrant are any books of the CCIV.
1237Z(3)
The books of the CCIV that may be seized under the warrant are books of the CCIV that relate to the sub-fund.
Specified person to be in possession of warrant
1237Z(4)
When executing the warrant, the specified person must be in possession of the warrant or a copy of the warrant.
Notification of entry
1237Z(5)
Subsections (6) and (7) apply if: (a) the warrant is being executed in relation to premises; and (b) the occupier of the premises, or another person who apparently represents the occupier, is present at the premises.
1237Z(6)
Before entering the premises under the warrant, the specified person must: (a) announce that the person is authorised to enter the premises; and (b) show the occupier or other person evidence of the person ' s identity that:
(i) includes a photograph of the person; and
(ii) has not expired.
1237Z(7)
The specified person must, as soon as practicable: (a) make a copy of the warrant available to the occupier or other person; and (b) inform the occupier or other person in writing of the rights and responsibilities of the occupier or other person under this section and section 530C .
Books to be used only for purpose of liquidation
1237Z(8)
A book of the CCIV seized under the warrant may be used only for the purpose for which it was seized.
Return of seized things
1237Z(9)
Despite subsection 530C(4) , and subject to any contrary order of the Court, a person who has custody of property or a book because of the execution of the warrant must take reasonable steps to return the property or book to the CCIV when the property or book is no longer required to be retained for the purpose for which it was seized.
Receipts
1237Z(10)
If property or a book is seized under the warrant, the specified person must provide a receipt for the property or book.
1237Z(11)
If 2 or more books or items of property are seized, they may be covered by the one receipt.
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