THE CORPORATIONS LAW

CHAPTER 5 - EXTERNAL ADMINISTRATION

PART 5.7 - WINDING UP OF BODIES OTHER THAN COMPANIES

SECTION 583   WINDING UP PART 5.7 BODIES  

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583    Subject to this Part, a Part 5.7 body may be wound up under this Chapter and this Chapter applies accordingly to a Part 5.7 body with such adaptations as are necessary, including the following adaptations:

(a)  the principal place of business of a Part 5.7 body in Australia is taken, for all the purposes of the winding up, to be the registered office of the Part 5.7 body;

(b)  a Part 5.7 body is not to be wound up voluntarily under this Chapter;

(c)  the circumstances in which a Part 5.7 body may be wound up are as follows:

(i) if the Part 5.7 body is unable to pay its debts, has been dissolved or deregistered, has ceased to carry on business in Australia or has a place of business in Australia only for the purpose of winding up its affairs;
(ii) if the Court is of opinion that it is just and equitable that the Part 5.7 body should be wound up;
(iii) if the Commission has stated in a report prepared under Division 1 of Part 3 of the ASIC Law that, in its opinion:
(A) the Part 5.7 body cannot pay its debts and should be wound up; or
(B) it is in the interests of the public, of the members, or of the creditors, that the Part 5.7 body should be wound up.
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