Document ID: chunk:federal_register_of_legislation:C2025C00185:section:597a
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 597A
Character Range: 2132871–2135122

597A  When Court is to require affidavit about corporation's examinable affairs
 (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 officer or provisional liquidator of the corporation or was such an officer or provisional liquidator 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 administration that ended when the deed was executed; or
 (iia) if the corporation is under restructuring—on the section 513CA day in relation to the restructuring; or
 (iib) if the corporation has made a restructuring plan that has not yet terminated—on the section 513CA day in relation to the restructuring that ended when the plan was made; or
 (iii) if the corporation is being, or has been, wound up—when the winding up began; or
 (iv) otherwise—when the application is made;
even if the person has been summoned under section 596A or 596B for examination about those affairs.
 (2) The requirement is to:
 (a) specify such of the information requested in the application as relates to examinable affairs of the corporation; and
 (b) require the affidavit to set out the specified information; and
 (c) require the affidavit to be filed on or before a specified day that is reasonable in the circumstances.
 (3) A person must not refuse, or intentionally or recklessly fail, to comply with a requirement made of the person under subsection (1).
 (3A) Subsection (3) does not apply to the extent that the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3A), see subsection 13.3(3) of the Criminal Code.
 (4) The Court may excuse a person from answering a question at an examination about a corporation's examinable affairs if the person has already filed an affidavit under this section about that corporation's examinable affairs that sets out information that answers the question.