Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p44
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 44/110)
Character Range: 264958–267739

subparagraph (1)(c)(ii), as the case may be, a special resolution under section 491 that the company be wound up voluntarily; and

    (b) to have done so without a declaration having been made and lodged under section 494.

"(3) Section 497 is taken to have been complied with in relation to the winding up.

  "(4) For the purposes of subsection 499(1):

  (a) the company is taken to have nominated:

         (i) if paragraph (1)(a) or (b) of this section applies—the administrator of the company; or

         (ii) if paragraph (1)(c) of this section applies—the administrator of the deed;

     to be liquidator for the purposes of the winding up; and

  (b) the creditors are taken not to have so nominated anyone.

  "(5) The liquidator must:

    (a)     within 7 days after the day on which the company is taken to have passed the resolution, lodge a written notice stating that the company is taken because of this section to have passed such a resolution and specifying that day; and

    (b)     cause a notice of that kind to be published, within 21 days after that day:

       (i) in a national newspaper; or

         (ii) in each jurisdiction in which the company has its registered office or carries on business, in a daily newspaper that circulates generally in that jurisdiction.

"(6) Section 482 applies in relation to the winding up as if it were a winding up in insolvency or by the Court.

   Note: Section 482 empowers the Court to stay or terminate a winding up and give consequential directions.

"(7) An application under section 482 as applying because of subsection (6) may be made:

    (a) despite subsection 499(4), by the company pursuant to a resolution of the board; or

  (b)     by the liquidator; or

  (c)     by a creditor; or

  (d)     by a contributory.

Regulations may provide for transition in other cases

  "446B.(1) The regulations may prescribe cases where:

  (a)     a company under administration; or

    (b)     a company that has executed a deed of company arrangement (even if the deed has terminated);

is taken to have passed a special resolution under section 491 that the company be wound up voluntarily.

"(2) The regulations may provide for Part 5.5 to apply with prescribed modifications in cases prescribed for the purposes of subsection (1).

"(3) Without limiting subsection (2), the regulations may provide, in relation to such cases, for matters of a kind provided for by any of subsections 446A(2) to (7), inclusive.

"(4) Regulations in force for the purposes of this section have effect accordingly.

"Division 13—Powers of Court

General power to make orders

"447A.(1) The Court may make such order as it thinks appropriate about how this Part is to operate in relation to a particular company.

"(2)