Document ID: chunk:federal_register_of_legislation:C2004A00884:clause:1_126
Version: federal_register_of_legislation:C2004A00884
Segment Type: clause
Provision Reference: sch 1 cl 126
Character Range: 30127–30724

126  After subsection 471A(1)
Insert:

 (1A) Subsection (1) does not apply to the extent that the performance or exercise, or purported performance or exercise, is:
 (a) as a liquidator appointed for the purposes of the winding up; or
 (b) as an administrator appointed for the purposes of an administration of the company beginning after the winding up order was made; or
 (c) with the liquidator's written approval; or
 (d) with the approval of the Court.

Note: A defendant bears an evidential burden in relation to the matters in subsection (1A), see subsection 13.3(3) of the Criminal Code.