Document ID: chunk:federal_register_of_legislation:C2020A00130:clause:1_41
Version: federal_register_of_legislation:C2020A00130
Segment Type: clause
Provision Reference: sch 1 cl 41
Character Range: 91138–92399

41  After subsection 482(2A)
Insert:
 (2B) If such an application is made in relation to a company subject to a restructuring plan, then, in determining the application, the Court must have regard to all of the following matters:
 (a) any report that has been given to the Court by:
 (i) the restructuring practitioner, or a former restructuring practitioner, for the company; or
 (ii) the liquidator, or a former liquidator, of the company; or
 (iii) ASIC;
  and that contains an allegation that an officer of the company has engaged in misconduct;
 (b) any report that has been lodged with ASIC by:
 (i) the restructuring practitioner, or a former restructuring practitioner, for the company; or
 (ii) the liquidator, or a former liquidator, of the company;
  and that contains an allegation that an officer of the company has engaged in misconduct;
 (c) the decision of the company's creditors that the company make a restructuring plan;
 (d) any notice that has been given to the restructuring practitioner for the restructuring plan or the company's creditors in relation to a contravention of the restructuring plan;
 (e) whether the restructuring plan is likely to result in the company becoming or remaining insolvent;
 (f) any other relevant matters.