Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.9 - MISCELLANEOUS  

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

Division 1 - Examining a person about a corporation  

SECTION 597A   WHEN COURT IS TO REQUIRE AFFIDAVIT ABOUT CORPORATION ' S EXAMINABLE AFFAIRS  

597A(1)    
The Court is to require a person to file an affidavit about a corporation ' s examinable affairs if:

(a) an eligible applicant applies for the requirement to be made; and

(b) the Court is satisfied that the person is an officer or provisional liquidator of the corporation or was such an officer or provisional liquidator during or after the 2 years ending:

(i) if the corporation is under administration - on the section 513C day in relation to the administration; or

(ii) if the corporation has executed a deed of company arrangement that has not yet terminated - on the section 513C day in relation to the administration that ended when the deed was executed; or

(iia) if the corporation is under restructuring - on the section 513CA day in relation to the restructuring; or

(iib) if the corporation has made a restructuring plan that has not yet terminated - on the section 513CA day in relation to the restructuring that ended when the plan was made; or

(iii) if the corporation is being, or has been, wound up - when the winding up began; or

(iv) otherwise - when the application is made;

even if the person has been summoned under section 596A or 596B for examination about those affairs.

597A(2)    
The requirement is to:

(a) specify such of the information requested in the application as relates to examinable affairs of the corporation; and

(b) require the affidavit to set out the specified information; and

(c) require the affidavit to be filed on or before a specified day that is reasonable in the circumstances.

597A(3)    

A person must not refuse, or intentionally or recklessly fail, to comply with a requirement made of the person under subsection (1).

597A(3A)    

Subsection (3) 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 (3A), see subsection 13.3(3) of the Criminal Code .

597A(4)    
The Court may excuse a person from answering a question at an examination about a corporation ' s examinable affairs if the person has already filed an affidavit under this section about that corporation ' s examinable affairs that sets out information that answers the question.