Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p67
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 67/110)
Character Range: 322705–325385

(a)     attend on the liquidator or provisional liquidator at such times; and

    (b)     give the liquidator or provisional liquidator such information about the company's business, property, affairs and financial circumstances; and

(c) attend such meetings of the company's creditors or members; as the liquidator or provisional liquidator reasonably requires.

"(3) An officer of a company that is being wound up must do whatever the liquidator reasonably requires the officer to do to help in the winding up.

"(4) An officer of a company must do whatever a provisional liquidator of the company reasonably requires the officer to do to help in the performance or exercise of any of the provisional liquidator's functions and powers.

"(5) The liquidator or provisional liquidator of a company may require an officer of the company:

     (a)     to tell the liquidator the officer's residential address and work or business address; or

     (b)     to keep the liquidator informed of any change in either of those addresses that happens during the winding up.

"(6) A person must not, without reasonable excuse, fail to comply with subsection (1), (2), (3) or (4), or with a requirement under subsection (5).

  "(7) In this section:

'officer', in relation to a company, means a person who is, or has been but is no longer, an officer (as defined by section 82A) of the company.

"(8) However, a person is not an officer of a company for the purposes of this section merely because he or she is or has been an employee of the company.

"(9) Nothing in this section limits the generality of anything else in it.

Liquidator's rights to company's books

"530B.(1) A person is not entitled, as against the liquidator of a company:

  (a)     to retain possession of books of the company; or

  (b)     to claim or enforce a lien on such books;

but such a lien is not otherwise prejudiced.

"(2) Paragraph (1)(a) does not apply in relation to books of which a secured creditor of the company is entitled to possession otherwise than because of a lien, but the liquidator is entitled to inspect, and make copies of, such books at any reasonable time.

"(3) A person must not hinder or obstruct a liquidator of a company in obtaining possession of books of the company, unless the person is entitled, as against the company and the liquidator, to retain possession of the books.

"(4) The liquidator of a company may give to a person a written notice requiring the person to deliver to the liquidator, as specified in the notice, books so specified that are in the person's possession.

"(5) A notice under subsection (4) must specify a period of at least 3 days as the period