Document ID: chunk:federal_register_of_legislation:C2016A00011:schedule:2:p54
Version: federal_register_of_legislation:C2016A00011
Segment Type: schedule
Provision Reference: sch 2 (pt 54/71)
Character Range: 357870–360596

members to the committee (and to remove those members and fill the vacancy):
             (a) the creditors by resolution;
             (b) a single creditor who is owed, or a group of creditors who together are owed, a large amount;
             (c) a single employee who is owed, or a group of employees who together are owed, a large amount.
      Once a person exercises a right in one capacity to appoint a member, the person cannot exercise a right in another capacity to do so. A person can exercise the right in a particular capacity to appoint only one person (unless the person is filling a vacancy in that appointment).
      If a company is in a related group of companies (called a pooled group), creditors of all the companies may decide together that there is to be a committee of inspection for the group and appoint members of the committee.
      Procedures and powers
      This Division also deals with the procedures and powers of committees of inspection (including requesting information, documents and reports from the external administrator and obtaining specialist advice).
      An external administrator of a company must have regard to directions of the committee but is not obliged to comply.
      Review
      The Court may inquire into and make orders about the conduct of committees of inspection.

80‑5  Application of sections 80‑10 to 80‑25
 (1) The rules in sections 80‑10 to 80‑25 apply if the external administrator of a company convenes a meeting of creditors for the purpose of determining either or both of the following:
 (a) whether there is to be a committee of inspection for the company;
 (b) if there is, or is to be, a committee of inspection—who are to be appointed members of the committee.
 (2) However, those rules do not apply if the company is a member of a pooled group.
Note: Committees of inspection for pooled groups are dealt with in sections 80‑26 and 80‑27.

80‑10  Committee of inspection—company not a member of a pooled group
  The creditors of a company may, by resolution, determine that there is to be a committee of inspection in relation to the external administration of the company.

80‑15  Appointment and removal of members of committee of inspection by creditors generally
 (1) The creditors of a company may, by resolution, appoint members of a committee of inspection in relation to the external administration of the company.
 (2) The creditors of a company may by resolution:
 (a) remove a person appointed as a member of the committee under this section; and
 (b) appoint another person to fill a vacancy in the office of a member of the committee of inspection appointed under this section.
 (3) A person is not entitled to vote on a resolution