Document ID: chunk:federal_register_of_legislation:F2024C00490:clause:1_1:p11
Version: federal_register_of_legislation:F2024C00490
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 11/15)
Character Range: 134234–136821

. .
Registrar

    B.  NOTICE TO PERSON TO BE EXAMINED

The Court may order that the questions put to you and the answers given by you at the examination are to be recorded in writing and signed by you.
If you do not attend the examination in accordance with this summons, without reasonable cause, you may be arrested and imprisoned without further notice.
This summons is issued at the request of [name] whose address for service is [address of person's legal practitioner or of person].
*   Omit if not applicable

Form 17A—Arrest warrant
(Corporations Act 2001 s 486B and Federal Court (Corporations) Rules 2000 rule 11A.01)
[Title]

TO:   All members and special members of the Australian Federal Police and to all officers of the police force of the State or Territory in which [name of person] is found, and to the Sheriff of that State or Territory and all of that Sheriff's officers.

WHEREAS:

         * *[name of company] (the Company) is being wound up in insolvency or

         * *[name of company] (the Company) is being wound up by the Court or

         * *an application has been made for [name of company] (the Company) to be wound up

AND THE COURT IS SATISFIED THAT [name of person]:

 (a) *is about to leave Australia in order to avoid:

 (i) *paying money payable to the company; or

 (ii) *being examined about the company's affairs; or

 (iii) *complying with an order of the Court, or some other obligation, under Chapter 5 of the Corporations Act 2001 (Cth) in connection with the winding up; or

 (b) *has concealed or removed property of the Company in order to prevent or delay the taking of the property into the liquidator's custody or control; or

 (c) *has destroyed, concealed or removed books of the Company or is about to do so;

THIS  WARRANT THEREFORE requires and authorises you to take [name of person] and to bring *him/*her before the Court at [address of court] and to keep *him/*her there pending the making of a further order by the Court.

THIS WARRANT ALSO requires and authorises you to seize any property or books of the company in the possession of [name of person] and to deliver them into the custody of the Registrar of the Court to be kept by that Registrar until the Court makes an order for their disposal.

Note   Section 489A of the Corporations Act 2001 provides that if the Court issues a warrant under section 486B for a person to be arrested and brought before the Court, and the person is not in prison, then the person named in the warrant may be arrested by an officer of the police force of the State or