Document ID: chunk:federal_register_of_legislation:F2024C01050:reg:6a:p2
Version: federal_register_of_legislation:F2024C01050
Segment Type: reg
Provision Reference: reg 6A (pt 2/4)
Character Range: 5795–8634

administrator has been appointed in relation to the company by:
(i) the company under section 436A of the Act; or
(ii) a liquidator or provisional liquidator of the company under section 436B of the Act; or
(iii) a person who is entitled to enforce a security interest in the whole, or substantially the whole, of the company's property under section 436C of the Act; or
(b) a deed of company arrangement has been executed by the company; or
(c) a provisional liquidator has been appointed in relation to the company; or
(d) a managing controller has been appointed to the whole, or substantially the whole, of the property of the company.
licensee deferral period means the period starting on the day of appointment of a relevant external administrator and ending on the day that is 6 months after the day of the appointment.

       liquidator does not include a provisional liquidator.

       notified foreign passport fund insolvency resolution means a resolution to the effect that, for a period of at least 12 months, the assets have been insufficient to meet the debts incurred in operating the fund as and when they were due and payable.

       prescribed notice means a notice that contains statements to the following effect:

           (a) the reports for the relevant financial year of the company have been lodged with ASIC; and

           (b) the company will send copies of the reports to a member of the company free of charge if the member asks for the reports in writing; and

           (c) the reports are available for download on the relevant website together with a hypertext link to the reports.

       Regulations means the Corporations Regulations 2001.

             relevant external administrator, in relation to a company, means:

           (a) an administrator of the company appointed by:

               (i) the company under section 436A of the Act; or

               (ii) a liquidator or provisional liquidator of the company under section 436B of the Act; or

               (iii) a person who is entitled to enforce a security interest in the whole, or substantially the whole, of the company's property under section 436C of the Act; or

           (b) a managing controller appointed to the whole, or substantially the whole, of the property of the company; or

           (c) a provisional liquidator of the company;

       where no other person was acting in one of those capacities in relation to the company at the time of the appointment.

       scheme insolvency resolution, in relation to a registered scheme, means a resolution to the effect that, for a period of at least 12 months, the scheme property has been insufficient to meet the debts of the responsible entity of the scheme incurred in that capacity as and when they were due and payable.

Part 2—Exemptions