Document ID: chunk:federal_register_of_legislation:C2016A00011:schedule:2:p37
Version: federal_register_of_legislation:C2016A00011
Segment Type: schedule
Provision Reference: sch 2 (pt 37/71)
Character Range: 315318–318093

relating to the administration.
      The committee of inspection (if there is one) may also request information, documents and reports from the external administrator under Division 80.
      If the external administrator does not comply with a request, ASIC may direct the external administrator to do so. If the external administrator does not comply with the direction, ASIC may ask the Court to order compliance. Alternatively, the person who requested the information may ask the Court to order compliance with the request.

Subdivision B—Administration returns

70‑5  Annual administration return

Application of this section
 (1) This section applies if a person is the external administrator of a company during all or part of an administration return year for the external administrator for the company.
 (2) However, this section does not apply if:
 (a) the external administration of the company ends during the administration return year; and
 (b) the person is the external administrator of the company when the external administration of the company ends.
Note: If a person is the external administrator of a company when the external administration of the company ends, the person must instead lodge a return under section 70‑6.

Annual administration return to be lodged
 (3) The person must lodge a return in relation to the external administration of the company by the person during the year or part of the year (as the case requires).
 (4) The return must:
 (a) be in the approved form; and
 (b) be lodged with ASIC within 3 months after the end of the year.
Note: Fees for lodging documents and late lodgement fees may be imposed under the Corporations (Fees) Act 2001.

Meaning of administration return year
 (5) Each of the following is an administration return year for an external administrator for a company:
 (a) the period of 12 months beginning on the day on which the person first began to be an external administrator of the company;
 (b) each subsequent period of 12 months.

Notice of lodgement to be given
 (6) The person must give notice that the return has been lodged:
 (a) in a members' voluntary winding up—to the members of the company; and
 (b) in a creditors' voluntary winding up—to the creditors; and
 (c) in a court‑ordered winding up—to the creditors; and
 (d) if the external administrator is appointed as a provisional liquidator—to the Court; and
 (e) if the company is under administration or has executed a deed of company arrangement—to the company;
when next forwarding any report, notice of meeting, notice of call or dividend.
Note: For notification, see section 600G.

Returns for pooled groups
 (7) If 2 or more companies are members of a pooled group, then the returns under subsection (3) for those companies may be