Document ID: chunk:federal_register_of_legislation:C2025C00185:section:437f:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 437F (pt 2/2)
Character Range: 1520374–1522547

or more specified conditions;
 (iii) those conditions have been satisfied; or
 (c) the Court makes an order under subsection (12) authorising the alteration.
Note: An alteration in the status of members of a company that is made during the administration of the company may not be void if it is made for the purposes of the conversion and write‑off provisions determined by APRA (see Subdivision B of Division 1A of Part II of the Banking Act 1959, Division 2 of Part IIIA of the Insurance Act 1973 and Division 1A of Part 10A of the Life Insurance Act 1995).
 (9) The administrator may only give consent under paragraph (8)(a) or (b) if he or she is satisfied that the alteration is in the best interests of the company's creditors as a whole.
 (10) The administrator must refuse to give consent under paragraph (8)(a) or (b) if the alteration would contravene Part 2F.2.
 (11) If the administrator refuses to give consent under paragraph (8)(a) or (b) to an alteration in the status of members of a company:
 (a) a member of the company; or
 (b) a creditor of the company;
may apply to the Court for an order authorising the alteration.
 (12) If the Court is satisfied, on an application under subsection (11), that:
 (a) the alteration is in the best interests of the company's creditors as a whole; and
 (b) the alteration does not contravene Part 2F.2;
the Court may, by order, authorise the alteration.
 (13) If the administrator gives consent under paragraph (8)(b) to an alteration in the status of members of a company:
 (a) a member of the company; or
 (b) a creditor of the company;
may apply to the Court for an order setting aside any or all of the conditions to which the consent is subject.
 (14) If the Court is satisfied, on an application under subsection (13), that any or all of the conditions covered by the application are not in the best interests of the company's creditors as a whole, the Court may, by order, set aside any or all of the conditions.
 (15) The administrator is entitled to be heard in a proceeding before the Court in relation to an application under subsection (11) or (13).

Division 4—Administrator investigates company's affairs