Document ID: chunk:federal_register_of_legislation:C2025C00185:section:60:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 60 (pt 1/2)
Character Range: 304036–306944

60  Declaration of relevant relationships

Administrator
 (1) In this Act, a declaration of relevant relationships, in relation to an administrator of a company under administration, means a written declaration:
 (a) stating whether any of the following:
 (i) the administrator;
 (ii) if the administrator's firm (if any) is a partnership—a partner in that partnership;
 (iii) if the administrator's firm (if any) is a body corporate—that body corporate or an associate of that body corporate;
  has, or has had within the preceding 24 months, a relationship with:
 (iv) the company; or
 (v) an associate of the company; or
 (vi) a former liquidator, or former provisional liquidator, of the company; or
 (via) a former restructuring practitioner for the company, or a restructuring plan of the company; or
 (vii) a person who is entitled to enforce a security interest in the whole, or substantially the whole, of the company's property (including any PPSA retention of title property); and
 (b) if so, stating the administrator's reasons for believing that none of the relevant relationships result in the administrator having a conflict of interest or duty.

Restructuring practitioner
 (1A) In this Act, a declaration of relevant relationships, in relation to a restructuring practitioner for a company under restructuring, means a written declaration:
 (a) stating whether any of the following:
 (i) the restructuring practitioner;
 (ii) if the restructuring practitioner's firm (if any) is a partnership—a partner in that partnership;
 (iii) if the restructuring practitioner's firm (if any) is a body corporate—that body corporate or an associate of that body corporate;
  has, or has had within the preceding 24 months, a relationship with:
 (iv) the company; or
 (v) an associate of the company; or
 (vi) a former liquidator, or former provisional liquidator, of the company; or
 (vii) a person who is entitled to enforce a security interest in the whole, or substantially the whole, of the company's property (including any PPSA retention of title property); and
 (b) if so, stating the restructuring practitioner's reasons for believing that none of the relevant relationships result in the restructuring practitioner having a conflict of interest or duty.

Liquidator
 (2) In this Act, a declaration of relevant relationships, in relation to a liquidator of a company, means a written declaration:
 (a) stating whether any of the following:
 (i) the liquidator;
 (ii) if the liquidator's firm (if any) is a partnership—a partner in that partnership;
 (iii) if the liquidator's firm (if any) is a body corporate—that body corporate or an associate of that body corporate;
  has, or has had within the preceding 24 months, a relationship with:
 (iv) the company; or
 (v) an associate of the company; or
 (vi) a former liquidator, or former provisional liquidator, of the company; or
 (vii) a former