Document ID: chunk:federal_register_of_legislation:C2016A00011:schedule:2:p14
Version: federal_register_of_legislation:C2016A00011
Segment Type: schedule
Provision Reference: sch 2 (pt 14/71)
Character Range: 255827–258564

a requirement to lodge any document, or give any information or document, that the liquidator is required under this Act to lodge with or give to ASIC.

ASIC may give direction to comply
 (2) ASIC may, in writing, direct the liquidator to comply with the requirement within 10 business days after the direction is given.
 (3) ASIC may, on the application of a registered liquidator made before the end of the period referred to in subsection (2), extend, or further extend, that period.

Consequences for failing to comply
 (4) If the liquidator does not comply within the period, ASIC may do either or both of the following:
 (a) give a direction under subsection 40‑15(1) (direction not to accept further appointments);
 (b) apply to the Court for an order, under subsection 1274(11) (registers), section 45‑1 of this Schedule or any other provision that is relevant, directing the liquidator to comply with the requirement within such time as is specified in the order.

Direction is not a legislative instrument
 (5) A direction under subsection (2) is not a legislative instrument.

Relationship with other laws
 (6) Nothing in this section limits the operation of any other provision of this Act, or any other law, in relation to a person who fails to comply with a requirement to lodge a document with, or give information or a document to, ASIC.

40‑10  Registered liquidator to correct inaccuracies etc.

Application of this section
 (1) This section applies if ASIC reasonably suspects that any information that a registered liquidator is required under this Act to give to ASIC (whether in a document lodged or given to ASIC or otherwise) is incomplete or incorrect in any particular.

ASIC may give direction to correct information etc.
 (2) ASIC may, in writing, direct the liquidator to do one or more of the following within a period of 10 business days after the direction is given:
 (a) confirm to ASIC that the information is complete and correct;
 (b) complete or correct the information (as the case requires);
 (c) notify any persons specified by ASIC in the direction of the addition or correction.
 (3) ASIC may, on the application of a registered liquidator made before the end of the period referred to in subsection (2), extend, or further extend, that period.

Consequences for failing to comply
 (4) If the liquidator does not comply within the period, ASIC may do either or both of the following:
 (a) give a direction under subsection 40‑15(1) (direction not to accept further appointments);
 (b) apply to the Court for an order, under subsection 1274(11) (registers), section 45‑1 of this Schedule or any other provision that is relevant, directing the liquidator to comply with the requirement within such