Document ID: chunk:federal_register_of_legislation:C2025C00185:schedule:2:p60
Version: federal_register_of_legislation:C2025C00185
Segment Type: schedule
Provision Reference: sch 2 (pt 60/73)
Character Range: 6462992–6465850

own procedures.
 (2) The Insolvency Practice Rules may provide for and in relation to committees of inspection.
 (3) Without limiting subsection (2), the Insolvency Practice Rules may provide for and in relation to:
 (a) eligibility to be appointed as a member of a committee of inspection; and
 (b) the convening of, conduct of, and procedure and voting at, meetings; and
 (c) resignation and removal of members; and
 (d) vacancies in membership.

80‑35  Functions of committee of inspection
 (1) A committee of inspection has the following functions:
 (a) to advise and assist the external administrator of the company;
 (b) to give directions to the external administrator of the company;
 (c) to monitor the conduct of the external administration of the company;
 (d) such other functions as are conferred on the committee by this Act;
 (e) to do anything incidental or conducive to the performance of any of the above functions.
 (2) An external administrator of a company must have regard to any directions given to the external administrator by the committee of inspection, but the external administrator is not required to comply with such directions.
 (3) If an external administrator of a company does not comply with a direction, the external administrator must make a written record of that fact, along with the external administrator's reasons for not complying with the direction.

80‑40  Committee of inspection may request information etc.
 (1) A committee of inspection may request the external administrator of a company to:
 (a) give information; or
 (b) provide a report; or
 (c) produce a document;
to the committee.
 (2) The external administrator must comply with the request unless:
 (a) the information, report or document is not relevant to the external administration of the company; or
 (b) the external administrator would breach his or her duties in relation to the external administration of the company if the external administrator complied with the request; or
 (c) it is otherwise not reasonable for the external administrator to comply with the request.
 (3) The Insolvency Practice Rules may prescribe circumstances in which it is, or is not, reasonable for an external administrator of a company to comply with a request of a kind mentioned in subsection (1).

80‑45  Reporting to committee of inspection
 (1) The Insolvency Practice Rules may provide for and in relation to the obligations of external administrators of companies:
 (a) to give information; and
 (b) to provide reports; and
 (c) to produce documents;
to committees of inspection.
 (2) Without limiting subsection (1), the Insolvency Practice Rules may provide for and in relation to:
 (a) other circumstances in which the external administrator of a company must give information, provide a report or produce a document to a committee of inspection; and