Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p83
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 204431–207135

Principal Act is amended—
     (a) by inserting in sub-section (1) "or registered foreign company" after "company" (first occurring); and
     (b) by omitting from sub-section (1) "the property or part of the property of the company" and substituting "property of the company or registered foreign company".

95. After section 325 of the Principal Act the following section is inserted:

Receiver to enjoy qualified privilege in certain circumstances
"325a. (1) A receiver of property of a corporation is not, in the absence of malice on his part, liable to any action for defamation at the suit of any person in respect of any matter contained in a report made by him pursuant to section 324c or any comments made by him pursuant to paragraph 328 (1) (c).
"(2) This section does not limit or affect any other right, privilege or immunity that a receiver of property of a corporation or any other person has as defendant in an action for defamation.".

Notification of appointment of receiver
96. Section 326 of the Principal Act is amended—
     (a) by omitting sub-section (1) and substituting the following sub-section:

     "(1) A person who obtains an order for the appointment of a receiver of property of a company or registered foreign company, or appoints such a receiver under any powers contained in an instrument, shall—
          (a) within 7 days after he has obtained the order or made the appointment, lodge with the Commission notice that the order has been obtained, or that the appointment has been made, as the case may be; and
          (b) within 21 days after he has obtained the order or made the appointment, cause notice that the order has been obtained, or that the appointment has been made, as the case may be, to be published in the Gazette."
     (b) by omitting from sub-section (1a) "the property or part of the"; and
     (c) by omitting sub-section (2) and substituting the following sub-section:
     "(2) Where a person appointed as receiver of property of a company or registered foreign company ceases to act as such, he shall—
          (a) within 7 days after so ceasing to act, lodge with the Commission notice that he has so ceased to act; and
          (b) within 21 days after so ceasing to act, cause notice that he has so ceased to act to be published in the Gazette".

Statement that receiver appointed
97. Section 327 of the Principal Act is amended—
     (a) by omitting from sub-section (1) "of the property or part of the property of a corporation" and substituting "of property of a corporation (whether the property is within or outside the Territory or within or outside Australia)"; and
     (b) by inserting in sub-section (2) "of property of the