Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.3B - CRISIS RESOLUTION FOR CS FACILITY LICENSEES  

Division 6 - Moratorium on action during statutory management or compulsory transfer  

Subdivision B - Stay on enforcement rights triggered by statutory management or compulsory transfer  

SECTION 843B   EXCEPTIONS  

843B(1)    
Subsection 843A(1) , (2) or (7) does not apply to enforcing a right against a body corporate if the right is:

(a)    a right under an arrangement entered into after the body corporate comes under statutory management; or

(b)    a right contained in a kind of arrangement:

(i) prescribed by the regulations for the purposes of this subparagraph; or

(ii) declared under paragraph (2)(a) of this section; or

(c)    a right of a kind:

(i) prescribed by the regulations for the purposes of this subparagraph; or

(ii) declared under paragraph (2)(b) ; or

(d)    a right of a kind declared under paragraph (2)(c) , and the circumstances specified in that declaration exist.

843B(2)    
For the purposes of subsection (1) , the Minister may, by legislative instrument:

(a)    declare kinds of arrangements referred to in a specified law of the Commonwealth; or

(b)    declare kinds of rights to which subsection 843A(1) , (2) or (7) does not apply; or

(c)    declare kinds of rights to which subsection 843A(1) , (2) or (7) does not apply in specified circumstances.

843B(3)    
Subsection 843A(1) , (2) or (7) does not apply to enforcing a right to the extent that the Reserve Bank consents in writing to the enforcement of the right.

843B(4)    
Subsection 843A(7) does not apply to enforcing a right against a body corporate to the extent that a liquidator of the body corporate, appointed after the end of the stay period, consents in writing to the enforcement of the right.