Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.8 - OFFENCES  

Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 7 of Part 8B.6 .

SECTION 595   INDUCEMENT TO BE APPOINTED LIQUIDATOR ETC. OF COMPANY  

595(1)    

A person must not give, or agree or offer to give, to another person any valuable consideration with a view to securing the first-mentioned person's own appointment or nomination, or to securing or preventing the appointment or nomination of a third person, as:

(a) a liquidator or provisional liquidator of a company; or

(b) an administrator of a company; or

(c) an administrator of a deed of company arrangement executed, or to be executed, by a company; or

(ca) a restructuring practitioner for a company; or

(cb) a restructuring practitioner for a restructuring plan made, or to be made, by a company; or

(d) a receiver, or a receiver and manager, of property of a company; or

(e) a trustee or other person to administer a compromise or arrangement made between a company and any other person or persons.

595(2)    

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

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