Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.3B - RESTRUCTURING OF A COMPANY  

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

Division 4 - The restructuring practitioner  

Subdivision A - Qualifications of restructuring practitioners  

SECTION 456B   RESTRUCTURING PRACTITIONER MUST BE REGISTERED LIQUIDATOR  

456B(1)    
A person must not consent to be appointed, and must not act as restructuring practitioner for a company or for a restructuring plan.

456B(2)    
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 .


456B(3)    
An offence based on subsection (1) is an offence of strict liability.


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