Corporations Act 2001

CHAPTER 1 - INTRODUCTORY  

PART 1.2 - INTERPRETATION  

Division 7 - Meaning of some other expressions  

SECTION 60   DECLARATION OF RELEVANT RELATIONSHIPS  

Administrator

60(1)    
In this Act, a declaration of relevant relationships , in relation to an administrator of a company under administration, means a written declaration:

(a)    

stating whether any of the following:

(i) the administrator;

(ii) if the administrator ' s firm (if any) is a partnership - a partner in that partnership;

(iii) if the administrator ' s firm (if any) is a body corporate - that body corporate or an associate of that body corporate;

has, or has had within the preceding 24 months, a relationship with:

(iv) the company; or

(v) an associate of the company; or

(vi) a former liquidator, or former provisional liquidator, of the company; or

(via) a former restructuring practitioner for the company, or a restructuring plan of the company; or

(vii) a person who is entitled to enforce a security interest in the whole, or substantially the whole, of the company ' s property (including any PPSA retention of title property); and

(b)    if so, stating the administrator ' s reasons for believing that none of the relevant relationships result in the administrator having a conflict of interest or duty.

Restructuring practitioner

60(1A)    

In this Act, a declaration of relevant relationships , in relation to a restructuring practitioner for a company under restructuring, means a written declaration:

(a)    stating whether any of the following:

(i) the restructuring practitioner;

(ii) if the restructuring practitioner ' s firm (if any) is a partnership - a partner in that partnership;

(iii) if the restructuring practitioner ' s firm (if any) is a body corporate - that body corporate or an associate of that body corporate;

has, or has had within the preceding 24 months, a relationship with:

(iv) the company; or

(v) an associate of the company; or

(vi) a former liquidator, or former provisional liquidator, of the company; or

(vii) a person who is entitled to enforce a security interest in the whole, or substantially the whole, of the company ' s property (including any PPSA retention of title property); and

(b)    if so, stating the restructuring practitioner ' s reasons for believing that none of the relevant relationships result in the restructuring practitioner having a conflict of interest or duty.

Liquidator

60(2)    
In this Act, a declaration of relevant relationships , in relation to a liquidator of a company, means a written declaration:

(a)    

stating whether any of the following:

(i) the liquidator;

(ii) if the liquidator ' s firm (if any) is a partnership - a partner in that partnership;

(iii) if the liquidator ' s firm (if any) is a body corporate - that body corporate or an associate of that body corporate;

has, or has had within the preceding 24 months, a relationship with:

(iv) the company; or

(v) an associate of the company; or

(vi) a former liquidator, or former provisional liquidator, of the company; or

(vii) a former administrator of the company; or

(viii) a former administrator of a deed of company arrangement executed by the company; or

(ix) a former restructuring practitioner for the company; or

(x) a former restructuring practitioner for a restructuring plan made by the company; and

(b)    if so, stating the liquidator ' s reasons for believing that none of the relevant relationships result in the liquidator having a conflict of interest or duty.