Document ID: chunk:federal_register_of_legislation:F2024C01213:reg:27
Version: federal_register_of_legislation:F2024C01213
Segment Type: reg
Provision Reference: reg 27
Character Range: 67651–68681

27  Financial viability requirement
  For the purposes of paragraph 130(2)(b) of the Act, the matters that the Minister may have regard to for the purposes of determining whether a person satisfies the requirement in subsection 75(4), 84(4) or 92(4) of the Act are:
 (a) whether the person is a body corporate that is being wound up; and
 (b) whether the affairs of the person are under any form of external control (for example, the control of a manager) under a law of the Commonwealth, a State or a Territory; and
 (c) whether the Minister considers that the liabilities of the person are greater than the person's assets; and
 (d) whether the Minister considers that the person is (and is likely to continue for a substantial period to be) unable to pay the person's debts as and when they fall due for payment; and
 (e) whether an audit conducted in accordance with a law of the Commonwealth, a State or a Territory:
 (i) is expressed to be qualified; or
 (ii) expresses concern about the financial viability of the person.