S 217-35 repealed by No 87 of 2015, s 3 and Sch 1 item 123, effective 1 July 2015. For transitional provisions, see note under s
3-15
. S 217-35 formerly read:
SECTION 217-35 PROTECTION OF PROPERTY DURING EXTERNAL MANAGEMENT
217-35(1)
In the application of the provisions of Division 6 of Part 5.3A of Chapter 5 of the
Corporations Act 2001
in relation to the protection, during the *external management of a *health benefits fund, of the property of the fund, the provisions of that Division are taken not to include section 440A.
217-35(2)
In determining, for the purposes of section 440D of the
Corporations Act 2001
as so applying, whether the *external manager should consent to, or the court should give leave for, a person
'
s beginning or continuing legal proceedings, the external manager or the court must have regard to whether:
(a)
the proceedings do, or do not, relate to any property of the fund under *external management; and
(b)
the proceedings would, or would not, be materially detrimental to the interests of the *policy holders of the fund.