Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p108
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 108/110)
Character Range: 425789–428556

purposes (other than those of subsection (1)) to have been passed at the meeting; and

  (b)     is taken to have taken effect:

         (i) if the order specifies a time when the proposed resolution is to be taken to have taken effect—at that time, even if it is earlier than the making of the order; or

      (ii) otherwise—on the making of the order.

Interim order on application under section 600A, 600B or 600C

  "600D.(1) Where:

    (a) an application under subsection 600A(1), 600B(2) or 600C(2) has not yet been determined; and

  (b) the Court is of the opinion that it is desirable to do so;

the Court may make such interim orders as it thinks appropriate.

"(2) An interim order must be expressed to apply until the application is determined, but may be varied or discharged.

Order under section 600A or 600B does not affect act already done pursuant to resolution

"600E. An act done pursuant to a resolution as in force before the making under section 600A or 600B of an order setting aside or varying the resolution is as valid and binding on and after the making of the order as if the order had not been made.

Limitation on right of suppliers of essential services to insist on payment as condition of supply

  "600F.(1) If:

    (a)     a relevant authority of an eligible company requests, or authorises someone else to request, a person or authority (the supplier') to supply an essential service to the company in this jurisdiction; and

    (b)    the company owes an amount to the supplier in respect of the supply of the essential service before the effective day;

the supplier must not:

    (c)     refuse to comply with the request for the reason only that the amount is owing; or

    (d)    make it a condition of the supply of the essential service pursuant to the request that the amount is to be paid.

  "(2) In this section:

'effective day', in relation to a relevant authority of an eligible company, means the day when the relevant authority became a relevant authority of the company, even if that day began before this section commenced;

'eligible company' means a company:

  (a)     that is being wound up; or

  (b)     a provisional liquidator of which is acting; or

  (c)     that is under administration; or

    (d)     that has executed a deed of company arrangement that has not yet terminated; or

    (e)     a receiver, or receiver and manager, of property of which is acting;

'essential service' means:

  (a)     electricity; or

  (b)     gas; or

  (c)     water; or

    (d)     a telecommunications service within the meaning of the Telecommunications Act 1991;

'relevant authority', in relation to an eligible company, means:

  (a)     the liquidator; or

  (b)     the provisional liquidator;