Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p11
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 11/17)
Character Range: 518222–521337

or

   (ba) a company executes a deed of company arrangement;".

Subsection 266(1):

Omit "or official manager,", substitute ", the administrator of the company, or the deed's administrator,".

Subparagraphs 266(1)(c)(ii) and (3)(c)(ii):

Omit "commencement of the winding up or the appointment of the official manager, as the case may be;", substitute "critical day;".

Paragraphs 266(1)(d), (e) and (f):

Omit "commencement of the winding up or at the time of the appointment referred to in paragraph (b)", substitute "start of the critical day".

SCHEDULE 1—continued

Paragraph 266(3)(d):

Omit "commencement of the winding up or at the time of the appointment of the official manager", substitute "start of the critical day".

Subsection 266(5):

Omit "official manager of the company, notwithstanding that", substitute "administrator of the company, or an administrator of a deed of company arrangement executed by the company, even if ".

Paragraph 266(6)(a):

  Add at the end "or".

Paragraph 266(6)(c):

  Omit the paragraph, substitute:

      "(c) an administrator of the company being appointed under section 436A, 436B or 436C; or

   (d) the company executing a deed of company arrangement.".

Subsection 266(7):

  Omit "and (c)", substitute ", (c) and (d)".

Section 266:

  Add at the end:

  "(8) In this section:

'critical day', in relation to a company, means:

     (a)     if the company is being wound up—the day when the winding up began; or

     (b)     if the company is under administration—the section 513C day in relation to the administration; or

     (c)     if the company has executed a deed of company arrangement— the section 513C day in relation to the administration that ended when the deed was executed.".

Subsections 493(1) and (2):

Omit "commencement of the winding up", substitute "passing of the resolution".

Subsection 500(1):

Omit "a company after the commencement of a creditors' voluntary winding up", substitute "the company after the passing of the resolution for voluntary winding up".

SCHEDULE 1—continued

Subsection 500(2):

Omit "commencement of a creditors' voluntary winding up of a company,", substitute "passing of the resolution for voluntary winding up,".

Paragraph 585(a):

  Omit "$1000", substitute "the statutory minimum".

Paragraph 599(1)(c):

  Omit the paragraph, substitute:

   "(c) that has been or is under administration;

      (ca) that has executed a deed of company arrangement, even if the deed has terminated;".

Paragraph 599(3)(c):

Omit "official management,", substitute "administration, having executed a deed of company arrangement,".

Section 603 (paragraph (k) of the definition of "prescribed occurrence"):

  Omit the paragraph, substitute:

      "(k) an administrator of the target company, or of a subsidiary, being appointed under section 436A, 436B or 436C;

      (l) the target company or a subsidiary executing a deed of company arrangement; or".

Paragraphs 647(2)(b) and 683(2)(b):

  Omit the paragraphs, substitute in each case:

      "(b) if the company is being wound up or is under administration— be