Document ID: chunk:federal_register_of_legislation:F2024C00490:reg:12:p22
Version: federal_register_of_legislation:F2024C00490
Segment Type: reg
Provision Reference: reg 12 (pt 22/34)
Character Range: 78283–81229

Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations)
 (1) An application for an order for an examination or investigation under subsection 423(3) of the Corporations Act in relation to a controller of property of a corporation may be made by any of the following:
 (a) a person with a financial interest in the administration of the corporation;
 (b) an officer of the corporation;
 (c) if the committee of inspection (if any) so resolves—a creditor, on behalf of the committee;
 (d) ASIC.
Note: An application:
(a) under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; or
(b) under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry;
 may be made by a person mentioned in subsection 90‑10(2) of the Insolvency Practice Schedule (Corporations): see paragraph 411(9)(b) of the Corporations Act and subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations).
 (2) The following applications may be made without notice to any person:
 (a) an application under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry;
 (b) an application for an order for an examination or investigation under subsection 423(3) of the Corporations Act;
 (c) an application under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry.
 (3) The provisions of this Division that apply to an examination under Division 1 of Part 5.9 of the Corporations Act apply, with any necessary adaptations, to an inquiry, examination or investigation under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations).

11.3  Application for examination summons (Corporations Act s 596A, s 596B)—Form 17
 (1) An application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires.
 (2) The application may be made without notice to any person.
 (3) The originating process, or interlocutory process, seeking the issue of the examination summons must be:
 (a) supported by an affidavit stating the facts in support of the process; and
 (b) accompanied by a draft examination summons.
 (4) If the originating process or interlocutory process, and supporting affidavit, are lodged