Corporations Act 2001
CHAPTER 5
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EXTERNAL ADMINISTRATION
PART 5.3A
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ADMINISTRATION OF A COMPANY
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S AFFAIRS WITH A VIEW TO EXECUTING A DEED OF COMPANY ARRANGEMENT
Division 7
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Rights of secured party, owner or lessor
Subdivision C
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Property not subject to security interests
SECTION 441G
RECOVERING PERISHABLE PROPERTY
441G(1)
Nothing in section 198G or 440B prevents a person from taking possession of, or otherwise recovering, perishable property.
441G(2)
Section 437D does not apply in relation to a transaction or dealing that affects perishable property and is entered into 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.
Note: This Part does not apply to a CCIV or a sub-fund of a CCIV: see Division 4 of Part 8B.6 .
View history note
Hide history noteNothing in section 198G or 440B prevents a person from taking possession of, or otherwise recovering, perishable property.
[ CCH Note: Regulation 10.25.02(3)(g) (which was effective 1 March 2017) provides that the amendments made by No 11 of 2016, s 3, Sch 2[114] apply in relation to external administrations on and after 1 September 2017.]
441G(2)
Section 437D does not apply in relation to a transaction or dealing that affects perishable property and is entered into 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.
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