Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p102
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 102/110)
Character Range: 410228–413063

other person to administer a compromise or arrangement made between the company and any other person or persons.".

116. Before section 597 of the Corporations Law the following heading and sections are inserted in Part 5.9:

"Division 1—Examining a person about a corporation

Mandatory examination

"596A. The Court is to summon a person for examination about a corporation's examinable affairs if:

  (a)     an eligible applicant applies for the summons; and

    (b)     the Court is satisfied that the person is an examinable officer of the corporation or was such an officer 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

         (iii) if the corporation is being, or has been, wound up— when the winding up began; or

      (iv) otherwise—when the application is made.

Discretionary examination

"596B.(1) The Court may summon a person for examination about a corporation's examinable affairs if:

   (a)     an eligible applicant applies for the summons; and

   (b)     the Court is satisfied that the person:

         (i) has taken part or been concerned in examinable affairs of the corporation and has been, or may have been, guilty of misconduct in relation to the corporation; or

          (ii) may be able to give information about examinable affairs of the corporation.

  "(2) This section has effect subject to section 596A.

Affidavit in support of application under section 596B

"596C.(1) A person who applies under section 596B must file an affidavit that supports the application and complies with the rules.

"(2) The affidavit is not available for inspection except so far as the Court orders.

Content of summons

"596D.(1) A summons to a person under section 596A or 596B is to require the person to attend before the Court:

     (a)     at a specified place and at a specified time on a specified day, being a place, time and day that are reasonable in the circumstances; and

     (b)     to be examined on oath about the corporation's examinable affairs.

"(2) A summons to a person under section 596A or 596B may require the person to produce at the examination specified books that:

   (a)     are in the person's possession; and

   (b)     relate to the corporation or to any of its examinable affairs.

"(3) A summons under section 596A is to require under subsection (2) of this section the production of such of the books requested in the application for the summons as the summons may so require.

Notice of examination

"596E. If the Court summons a person for examination,