THE CORPORATIONS LAW

CHAPTER 5 - EXTERNAL ADMINISTRATION

PART 5.9 - MISCELLANEOUS

Division 3 - Provisions applying to various kinds of external administration

 View history note

SECTION 600F   LIMITATION ON RIGHT OF SUPPLIERS OF ESSENTIAL SERVICES TO INSIST ON PAYMENT AS CONDITION OF SUPPLY  

View history reference

600F(1)  [Supply of essential service requested]  

If:

(a)  a relevant authority of an eligible company requests, or authorises someone else to request, a person or authority ( ``the supplier'' ) to supply an essential service to the company in this jurisdiction; and

(b)  the company owes an amount to the supplier in respect of the supply of the essential service before the effective day;

the supplier must not:

(c)  refuse to comply with the request for the reason only that the amount is owing; or

(d)  make it a condition of the supply of the essential service pursuant to the request that the amount is to be paid.

 View history note

600F(2)  [Definitions]  
View history reference

In this section:

``effective day'' , in relation to a relevant authority of an eligible company, means the day when the relevant authority became a relevant authority of the company, even if that day began before this section commenced;

``eligible company'' means a company:

(a)  that is being wound up; or

(b)  a provisional liquidator of which is acting; or

(c)  that is under administration; or

(d)  that has executed a deed of company arrangement that has not yet terminated; or

(e)  a receiver, or receiver and manager, of property of which is acting;

``essential service'' means:

(a)  electricity; or

(b)  gas; or

(c)  water; or

(d)  a telecommunications service within the meaning of the Telecommunications Act 1991;

``relevant authority'' , in relation to an eligible company, means:

(a)  the liquidator; or

(b)  the provisional liquidator; or

(c)  the administrator of the company; or

(d)  the administrator of the deed of company arrangement; or

(e)  the receiver, or receiver and manager;

as the case requires.

 View history note

 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.