Document ID: chunk:federal_register_of_legislation:C2019A00044:clause:1_588zb
Version: federal_register_of_legislation:C2019A00044
Segment Type: clause
Provision Reference: sch 1 cl 588ZB
Character Range: 25017–26816

588ZB  Who may apply for an employee entitlements contribution order
 (1) An application to the Court for an employee entitlements contribution order may only be made by:
 (a) the liquidator of the insolvent company referred to in paragraph 588ZA(1)(a) (the insolvent company); or
 (b) the Commissioner of Taxation; or
 (c) the Fair Work Ombudsman; or
 (d) the Secretary of the Department administered by the Minister who administers the Fair Entitlements Guarantee Act 2012.
 (2) If a liquidator is appointed to the insolvent company, a person mentioned in paragraph (1)(b), (c) or (d) may make the application only:
 (a) if the liquidator has given written consent to the applicant for the application to be made; or
 (b) with the leave of the Court.
 (3) The Court may give leave under paragraph (2)(b) only if:
 (a) the applicant has given a written notice to the liquidator asking the liquidator to give consent under paragraph (2)(a); and
 (b) either:
 (i) the liquidator has given written notice to the applicant refusing to give consent under paragraph (2)(a); or
 (ii) more than 30 days have passed since the notice under paragraph (a) of this subsection was given; and
 (c) the Court is satisfied that it is appropriate to give leave, having regard to the following matters:
 (i) whether it is likely that the liquidator will make an application for an employee entitlements contribution order in relation to the insolvent company;
 (ii) any other matter that the Court considers relevant.

When proceedings may be begun
 (4) An application for an employee entitlements contribution order may only be made within 6 years after the beginning of the winding up of the insolvent company.

Part 3—Disqualification from managing corporations

Division 1—Main amendments

Corporations Act 2001