Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p35
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 35/110)
Character Range: 242083–244981

etc.

"442D.(1) Where section 441A applies, the administrator's functions and powers are subject to the functions and powers of a person as:

  (a)     the chargee; or

    (b)     a receiver or person of a kind referred to in paragraph 441A(3)(b) (even if appointed after the decision period).

"(2) Where section 441C applies, then, so far as concerns perishable property of the company, the administrator's functions and powers are subject to the functions and powers of a person as:

  (a)     the chargee; or

    (b)     a receiver or person appointed (at any time) as mentioned in paragraph (a), (b) or (d) of the definition of 'enforce' in section 9.

"(3) Where section 441B, 441F or 441G applies, then, so far as concerns the property referred to in subsection 441B(1), 441F(1) or 441G(1), the administrator's functions and powers are subject to the functions and powers of the chargee, receiver or other person.

Administrator has qualified privilege

"442E. A person who is or has been the administrator of a company under administration has qualified privilege in respect of a statement that he or she has made, whether orally or in writing, in the course of performing or exercising any of his or her functions and powers as administrator of the company.

Protection of persons dealing with administrator

"442F.(1) Sections 164 and 166 apply in relation to a company under administration as if:

    (a)     a reference in those sections to the company, or to an officer of the company, included a reference to the administrator; and

    (b)     a reference in those sections to an assumption referred to in subsection 164(3) included a reference to an assumption that the administrator is:

       (i) acting within his or her functions and powers as
         administrator; and

      (ii) in particular, is complying with this Law.

"(2) The effect that sections 164 and 166 have because of subsection (1) of this section is additional to, and does not prejudice, the effect that sections 164 and 166 otherwise have in relation to a company under administration.

               "Division 9—Administrator's liability and indemnity for debts of administration

Subdivision A—Liability

General debts

"443A.(1) The administrator of a company under administration is liable for debts he or she incurs, in the performance or exercise, or purported performance or exercise, of any of his or her functions and powers as administrator, for:

  (a)     services rendered; or

  (b)     goods bought; or

  (c)     property hired, leased, used or occupied.

"(2) Subsection (1) has effect despite any agreement to the contrary, but without prejudice to the administrator's rights against the company or anyone else.

Payments for property used or occupied by, or in the possession of, the company

"443B.(1) This section applies if, under an agreement made before the administration of