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 .
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Hide history noteIf: (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 Australia; 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.600F(2)
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 Act 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
(da) that is under restructuring; or
(db) that has made a restructuring plan that has not yet terminated; or
(e) a receiver, or receiver and manager, of property of which is acting.
essential service
(Repealed by No 87 of 2024, s 3, Sch 1[8] (effective 24 September 2024).)
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
(da) the restructuring practitioner for the company; or
(db) the restructuring practitioner for the restructuring plan; or
(e) the receiver, or receiver and manager;
as the case requires.
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