Document ID: chunk:federal_register_of_legislation:C2006C00145:clause:2_11cg
Version: federal_register_of_legislation:C2006C00145
Segment Type: clause
Provision Reference: sch 2 cl 11CG
Character Range: 65796–66986

11CG  Non‑compliance with a direction

 (1) An ADI or an authorised NOHC must comply with any direction given to it under Subdivision A or Subdivision B.

 (2) An officer of an ADI or of an authorised NOHC must take reasonable steps to ensure that the ADI or NOHC complies with any direction given to it under Subdivision A or Subdivision B if the officer's duties include ensuring that the ADI or NOHC complies with the direction, or with a class of directions that includes the direction.

 (3) For the purposes of this section:

officer, in relation to an ADI or an authorised NOHC includes:
 (a) a director, secretary, executive officer or employee of the ADI or NOHC; and
 (b) a receiver and manager, appointed under a power contained in an instrument, of property of the ADI or NOHC; and
 (c) an official manager, or deputy official manager, of the ADI or NOHC; and
 (d) a liquidator of the ADI or NOHC appointed in a voluntary winding‑up of the ADI; and
 (e) a trustee or other person administering a compromise or arrangement made between the ADI or NOHC and other persons.
Expressions used in the definition of officer have the same meanings as they have in the Corporations Law.