Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.6 - WINDING UP GENERALLY  

Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 5 of Part 8B.6 .

Division 3 - Liquidators  

SECTION 530A   OFFICERS TO HELP LIQUIDATOR  

530A(1)   [ Delivery of books to liquidator]  

As soon as practicable after the Court orders that a company be wound up or appoints a provisional liquidator of a company, or a company resolves that it be wound up, each officer of the company must:

(a) deliver to the liquidator appointed for the purposes of the winding up, or to the provisional liquidator, as the case may be, all books in the officer's possession that relate to the company, other than books possession of which the officer is entitled, as against the company and the liquidator or provisional liquidator, to retain; and

(b) if the officer knows where other books relating to the company are - tell the liquidator or provisional liquidator where those books are.

530A(2)   [ Officers to attend on liquidator]  

Where a company is being wound up, or a provisional liquidator of a company is acting, an officer of the company must:

(a) attend on the liquidator or provisional liquidator at such times; and

(b) give the liquidator or provisional liquidator such information about the company's business, property, affairs and financial circumstances; and

(c) attend such meetings of the company's creditors or members;

as the liquidator or provisional liquidator reasonably requires.

530A(3)   [ Officer to help liquidator]  

An officer of a company that is being wound up must do whatever the liquidator reasonably requires the officer to do to help in the winding up.

530A(4)   [ Officer to help provisional liquidator]  

An officer of a company must do whatever a provisional liquidator of the company reasonably requires the officer to do to help in the performance or exercise of any of the provisional liquidator's functions and powers.

530A(5)   [ Officer to notify address]  

The liquidator or provisional liquidator of a company may require an officer of the company:

(a) to tell the liquidator the officer's residential address and work or business address; or

(b) to keep the liquidator informed of any change in either of those addresses that happens during the winding up.

530A(6)   [ Failure to comply]  

A person must not fail to comply with subsection (1), (2), (3) or (4), or with a requirement under subsection (5).

530A(6A)   [ Strict liability offence]  

An offence based on subsection (6) is an offence of strict liability.

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

530A(6B)   [ Reasonable excuse]  

Subsection (6) does not apply to the extent that the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (6B), see subsection 13.3(3) of the Criminal Code .

530A(7)   [ " officer " ]  

For the purposes of this section, officer includes a former officer.

530A(8)    
(Repealed by No 103 of 2004, s 3, Sch 9 [ 44] (effective 1 July 2004).)

530A(9)   [ Generality of section not limited]  

Nothing in this section limits the generality of anything else in it.