Corporations Act 2001
Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 8 of Part 8B.6 .
View history note
Hide history noteThe Court is to require a person to file an affidavit about a corporation ' s examinable affairs if:
(a) an eligible applicant applies for the requirement to be made; and
(b) the Court is satisfied that the person is an officer or provisional liquidator of the corporation or was such an officer or provisional liquidator during or after the 2 years ending:
(i) if the corporation is under administration - on the section 513C day in relation to the administration; or
(ii) if the corporation has executed a deed of company arrangement that has not yet terminated - on the section 513C day in relation to the administration that ended when the deed was executed; or
(iia) if the corporation is under restructuring - on the section 513CA day in relation to the restructuring; or
(iib) if the corporation has made a restructuring plan that has not yet terminated - on the section 513CA day in relation to the restructuring that ended when the plan was made; or
(iii) if the corporation is being, or has been, wound up - when the winding up began; or
(iv) otherwise - when the application is made;
even if the person has been summoned under section 596A or 596B for examination about those affairs.
597A(2)
The requirement is to:
(a) specify such of the information requested in the application as relates to examinable affairs of the corporation; and
(b) require the affidavit to set out the specified information; and
(c) require the affidavit to be filed on or before a specified day that is reasonable in the circumstances.
597A(3)
A person must not refuse, or intentionally or recklessly fail, to comply with a requirement made of the person under subsection (1).
597A(3A)
Subsection (3) does not apply to the extent that the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3A), see subsection 13.3(3) of the Criminal Code .
597A(4)
The Court may excuse a person from answering a question at an examination about a corporation ' s examinable affairs if the person has already filed an affidavit under this section about that corporation ' s examinable affairs that sets out information that answers the question.
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