Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p103
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 103/110)
Character Range: 412826–415745

to require under subsection (2) of this section the production of such of the books requested in the application for the summons as the summons may so require.

Notice of examination

"596E. If the Court summons a person for examination, the person who applied for the summons must give written notice of the examination to:

    (a)     as many of the corporation's creditors as reasonably practicable; and

  (b)     each eligible applicant in relation to the corporation, except:

      (i) the person who applied for the examination; and

         (ii) if a person authorised by the Commission applied for the examination—the Commission; and

         (iii) a person who is such an eligible applicant only because the person is authorised by the Commission.

Court may give directions about examination

"596F.(1) Subject to section 597, the Court may at any time give one or more of the following:

    (a)     a direction about the matters to be inquired into at an examination;

    (b)     a direction about the procedure to be followed at an examination;

    (c)     a direction about who may be present at an examination while it is being held in private;

     (d)     a direction that a person be excluded from an examination, even while it is being held in public;

  (e)     a direction about access to records of the examination;

     (f) a direction prohibiting publication or communication of information about the examination (including questions asked, and answers given, at the examination);

     (g) a direction that a document that relates to the examination and was created at the examination be destroyed.

"(2) The Court may give a direction under paragraph (1)(e), (f) or (g) in relation to all or part of an examination even if the examination, or that part, was held in public.

"(3) A person must not contravene a direction under subsection (1).".

Conduct of examination

  117. Section 597 of the Corporations Law is amended:

  (a)     by omitting subsections (1), (2) and (3);

    (b)    by omitting from subsection (4) "under this section shall" and substituting "is to";

    (c)     by omitting subsection (5) and substituting the following subsections:

      "(5A) Any of the following may take part in an examination:

       (a)     the Commission;

     (b)     any other eligible applicant in relation to the corporation; and for that purpose may be represented by a lawyer or by an agent authorised in writing for the purpose.

     "(5B) The Court may put, or allow to be put, to a person being examined such questions about the corporation or any of its examinable affairs as the Court thinks appropriate.".

    (d)    by omitting from subsection (6) "ordered under subsection (3)" and substituting "summoned under section 596A or 596B";

    (e)     by omitting from paragraph (6)(a) "order" and substituting "summons";

    (f)      by omitting subsections (7), (8)