Corporations Act 2001
Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 5 of Part 8B.6 .
View history note
Hide history noteThe Court may issue a warrant for a person to be arrested and brought before the Court if:
(a) a company is being wound up in insolvency or by the Court, or an application has been made for a company to be so wound up; and
(b) the Court is satisfied that the person:
(i) is about to leave this jurisdiction, or Australia, in order to avoid:
(A) paying money payable to the company; or
(B) being examined about the company's affairs; or
(C) complying with an order of the Court, or some other obligation, under this Chapter in connection with the winding up; or
(ii) has concealed or removed property of the company in order to prevent or delay the taking of the property into the liquidator's custody or control; or
(iii) has destroyed, concealed or removed books of the company or is about to do so.
Note: For procedures relating to such a warrant, see Subdivision B.
A warrant under subsection (1) may also provide for property or books of the company in the person's possession to be seized and delivered into the custody of a specified person.
486B(3) [ Who may apply]A warrant under subsection (1) may only be issued on the application of:
(a) a liquidator or provisional liquidator of the company; or
(b) ASIC.
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