Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (6 of 2020)

Schedule 1   Phoenixing offences and other rules about property transfers to defeat creditors

Part 3   Other amendments

Corporations Act 2001

99   Subparagraphs 596AF(3)(c)(iii), (iv) and (v)

Repeal the subparagraphs, substitute:

(iii) in the case of a contravention of subsection 596AC(1), (2), (3) or (4) linked to a disposition of the company's property - whether the liquidator has requested ASIC to make an order under subsection 588FGAA(3) relating to the disposition and whether ASIC has made such an order;

(iv) whether the liquidator has intervened in an application for a civil penalty order against a person for a contravention of section 588G or subsection 588GAB(2) or 588GAC(2) relating to the incurring of a debt, or the disposition of the company's property, that is linked to the contravention of subsection 596AC(1), (2), (3) or (4);

(v) whether the liquidator has begun proceedings under section 588M relating to the incurring of a debt, or the disposition of the company's property, that is linked to the contravention of subsection 596AC(1), (2), (3) or (4);

(vi) any other matter that the Court considers relevant.