Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p172
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 172/175)
Character Range: 606488–609297

administration, a person (other than the special administrator) cannot perform or exercise, and must not purport to perform or exercise, a function or power as an officer of the corporation.
Penalty: 25 penalty units or imprisonment for 6 months, or both.
 (2) Subsection (1) does not apply to the extent to which the performance or exercise, or purported performance or exercise, is with the special administrator's written approval.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
 (2A) Subsection (1) does not apply to the extent to which the person is performing or exercising, or purporting to perform or exercise, a function or power as restructuring practitioner for a restructuring plan made by the corporation under Part 5.3B of the Corporations Act (as applied by section 522‑1 of this Act).
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).
 (3) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) Subsection (1) does not remove an officer of an Aboriginal and Torres Strait Islander corporation from his or her office.
 (5) Section 496‑15 does not limit the generality of subsection (1) of this section.
 (6) This section has effect despite:
 (a) Part 5.2 of the Corporations Act (as applied by section 516‑1 of this Act); and
 (b) Part 5.3A of the Corporations Act (as applied by section 521‑1 of this Act).
Note: This means that a receiver, or an administrator appointed under Part 5.3A of the Corporations Act (as applied by section 521‑1 of this Act), cannot exercise any powers without the approval of the special administrator.
 (7) Despite subsection (6), this section does not affect the validity of anything that a person who is:
 (a) a receiver, or a receiver and manager, of property of the corporation; or
 (b) an administrator of the corporation appointed under Part 5.3A of the Corporations Act;
does after the special administration begins and on or before the day on which the Registrar complies with subsection 493‑1(4) in relation to the special administration.

496‑15  Only special administrator can deal with corporation's property
 (1) This section applies if:
 (a) an Aboriginal and Torres Strait Islander corporation that is under special administration purports to enter into; or
 (b) a person purports to enter into, on behalf of an Aboriginal and Torres Strait Islander corporation that is under special administration;
a transaction or dealing affecting property of the corporation.
 (2) The transaction or dealing is void unless:
 (a) the special administrator entered into it on the corporation's behalf;