Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

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

Note: This Part does not apply to a CCIV or a sub-fund of a CCIV: see Division 4 of Part 8B.6 .

Division 14 - Qualifications of administrators  

SECTION 448B   ADMINISTRATOR MUST BE REGISTERED LIQUIDATOR  

448B(1)   [ Prohibition against appointment]  

A person must not consent to be appointed, and must not act, as administrator of a company or of a deed of company arrangement.

448B(2)   [ Limitation]  

Subsection (1) does not apply if the person is a registered liquidator.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2), see subsection 13.3(3) of the Criminal Code .

448B(3)   [ Strict liability offence]  

An offence based on subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .


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