Corporations Regulations 2001
Note: See subregulation 10.25.01(3).
Corporations Act 2001
12 Section 1592Repeal the section, substitute:
1592 Transitional rules for annual administration returns
(1)
Section 70-5 of the Insolvency Practice Schedule (Corporations) applies in relation to a person if the person first began to be an external administrator of a company on or after 1 September 2017.
(2)
Section 70-5 of the Insolvency Practice Schedule (Corporations) also applies in relation to a person if the person first began to be an external administrator of a company before 1 September 2017 as if the reference in that section to an administration return year for the administrator were a reference to:
(a) the first full year starting on or after 1 September 2017 that is an anniversary of when the person first began to be the external administrator of the company; and
(b) each subsequent period of 12 months.
(3)
Despite the repeal of the old return provisions by Schedule 2 to the Insolvency Law Reform Act 2016 , those provisions continue to apply to an external administrator of a company appointed before 1 September 2017:
(a) if the end of the 6-month period referred to in the old return provisions occurs before 1 March 2018 - in relation to that period; and
(b) if the end of that period is not an anniversary of the administrator ' s appointment - in relation to the subsequent 6-month period.
(4)
To avoid doubt, despite the repeal of the old return provisions by Schedule 2 to the Insolvency Law Reform Act 2016 , audits may be continued in relation to accounts lodged under those provisions as if the old Act continued to apply.
(5)
In this section:old return provisions
means the following provisions of the old Act:
(a) subsection 438E(1);
(b) subsection 445J(1);
(c) subsection 539(1), other than the extent to which it relates to a liquidator ceasing to act as liquidator.
1592A Transitional rules for end of administration returns
(1)
Section 70-6 of the Insolvency Practice Schedule (Corporations) applies in relation to external administrations that end on or after 1 September 2017.
(2)
Despite the repeal of the old return provisions by Schedule 2 to the Insolvency Law Reform Act 2016 , those provisions continue to apply, in relation to an external administrator of a company, if the external administrator ceases to act as an external administrator for the company before 1 September 2017.
(3)
To avoid doubt, despite the repeal of the old return provisions by Schedule 2 to the Insolvency Law Reform Act 2016 , audits may be continued in relation to accounts lodged under those provisions as if the old Act continued to apply.
(4)
In this section:old return provisions
means the following provisions of the old Act, as in force before their repeal by Schedule 2 to the Insolvency Law Reform Act 2016 :
(a) subsection 438E(2);
(b) subsection 445J(2);
(c) subsection 539(1), to the extent to which it relates to a liquidator ceasing to act as liquidator.
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