Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p104
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 104/110)
Character Range: 415442–418437

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) and (9) and substituting the following subsections:

     "(7) A person who attends before the Court for examination must not:

         (a)     without reasonable excuse, refuse or fail to take an oath or make an affirmation; or

         (b)     without reasonable excuse, refuse or fail to answer a question that the Court directs him or her to answer; or

         (c)     make a statement that is false or misleading in a material particular; or

        (d) without reasonable excuse, refuse or fail to produce books that the summons requires him or her to produce.

     "(9) The Court may direct a person to produce, at an examination of that or any other person, books that are in the first-mentioned person's possession and are relevant to matters to which the examination relates or will relate.

  "(9A) A person may comply with a direction under subsection (9) by causing the books to be produced at the examination.";

     (g) by omitting subsection (11) and substituting the following subsection:

     "(10A) A person must not, without reasonable excuse, refuse or fail to comply with a direction under subsection (9).";

     (h) by omitting from subsections (12) and (12A) "held under an order under subsection (3)";

   (i) by omitting from subsection (13) "under this section";

   (j) by inserting after subsection (14) the following subsection:

      "(14A) A written record made under subsection (13):

      (a) is to be open for inspection, without fee, by:

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

          (ii) an officer of the corporation; or

          (iii) a creditor of the corporation; and

        (b) is to be open for inspection by anyone else on paying the prescribed fee.";

     (k) by omitting from subsections (15), (16) and (17) "section" (wherever occurring) and substituting "Division";

   (l) by omitting subsection (18).

118. After section 597 of the Corporations Law the following sections and heading are inserted:

When Court is to require affidavit about corporation's examinable affairs

"597A.(1) The Court is to require a person to file an affidavit about a corporation's examinable affairs if:

    (a)     an eligible applicant applies for the requirement to be made; and

    (b)     the Court is satisfied that the person is an examinable officer of the corporation or was such an officer during or after the 2 years ending:

          (i) if the corporation is under administration—on the section 513C day in relation to the administration; or

          (ii) if the corporation has executed a deed of company arrangement that has not yet terminated—on the section

         513C day in relation to the