Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p63
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 63/110)
Character Range: 312548–315216

(ii) has tried to leave Australia, or intends to do so;

     in order to avoid that liability or its consequences; and

    (d) the Court thinks it necessary or desirable to make the order in order to protect the company's rights against the officer or related entity.

"(3) On hearing an application under subsection (1), the Court must have regard to any relevant application under section 1323.

"(4) Before considering an application under subsection (1), the Court may, if in the Court's opinion it is desirable to do so, grant an interim order of the kind applied for that is expressed to have effect until the application is determined.

"(5) The Court must not require an applicant under subsection (1) or any other person, as a condition of granting an interim order under subsection (4), to give an undertaking as to damages.

"(6) On the application of a person who applied for, or is affected by, an order under this section, the Court may make a further order discharging or varying the first-mentioned order.

"(7) An order under subsection (1) may be expressed to operate for a specified period or until it is discharged by a further order.

"(8) A person must not contravene an order under this section that is applicable to the person.

  "(9) This section has effect subject to the Bankruptcy Act 1966.

  "(10) Nothing in this section affects any other powers of the Court.

Warrant to arrest person who is absconding, or who has dealt with property or books, in order to avoid obligations in connection with winding up

"486B.(1) The Court may issue a warrant for a person to be arrested and brought before the Court if:

     (a)     a company is being wound up in insolvency or by the Court, or an application has been made for a company to be so wound up; and

   (b)     the Court is satisfied that the person:

       (i) is about to leave Australia in order to avoid:

           (A)    paying money payable to the company; or

           (B)     being examined about the company's affairs; or

              (C)     complying with an order of the Court, or some other obligation, under this Chapter in connection with the winding up; or

          (ii) has concealed or removed property of the company in order to prevent or delay the taking of the property into the liquidator's custody or control; or

         (iii) has destroyed, concealed or removed books of the company or is about to do so.

"(2) A warrant under subsection (1) may also provide for property or books of the company in the person's possession to be seized and delivered into the custody of a specified person.

"(3) A warrant under subsection (1) may only be issued