Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p4
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 4/110)
Character Range: 162009–164982

the charge; or

    (b)     obtain an order for the appointment of a receiver of such property for the purpose of enforcing the charge; or

    (c)     enter into possession, or assume control, of such property for that purpose; or

    (d)     appoint a person so to enter into possession or assume control (whether as agent for the chargee or for the company); or

  (e)     exercise, as chargee or as a receiver or person so

    appointed, a right, power or remedy existing because of the charge, whether arising under an instrument relating to the charge, under a written or unwritten law, or otherwise;

'enforcement process', in relation to property, means:

  (a)     execution against that property; or

    (b)     any other enforcement process in relation to that property that involves a court or a sheriff;

'examinable affairs', in relation to a corporation means:

    (a)     the promotion, formation, management, administration or winding up of the corporation; or

    (b)     any other affairs of the corporation (including anything that is included in the corporation's affairs because of section 53); or

    (c)     the business affairs of a connected entity of the corporation, in so far as they are, or appear to be, relevant to the corporation or to anything that is included in the corporation's examinable affairs because of paragraph (a) or (b);

'examinable assets and liabilities', in relation to an entity, means all of the following:

  (a) the entity's property and assets:

      (i) whether present or future; and

         (ii) whether held alone or jointly with any other person or persons; and

     (iii) whether or not held as agent, bailee or trustee;

  (b) the entity's liabilities:

      (i) whether present or future; and

     (ii) whether actual or contingent; and

        (iii) whether owed alone or jointly with any other person or persons; and

     (iv) whether or not owed as trustee;

'examinable officer', in relation to a corporation, means:

    (a)     a director, secretary or executive officer of the corporation; or

    (b)     a receiver, or receiver and manager, of property of the corporation (whether appointed under a provision contained in an instrument, or by a court); or

  (c)     an administrator of the corporation; or

    (d)     an administrator of a deed of company arrangement executed by the corporation; or

    (e)     a liquidator or provisional liquidator of the corporation (whether or not appointed by a court); or

  (f)      a trustee or other person administering a compromise or

    arrangement made between the corporation and any other person or persons;

'examinable operations', in relation to an entity, means all of the following:

  (a) the entity's business, trading, transactions and dealings:

        (i) whether alone or jointly with any other entity or entities; and

      (ii) whether or not as agent, bailee or trustee;

  (b)     the entity's profits, income and