Document ID: chunk:federal_register_of_legislation:F2022C01140:body:0:p52
Version: federal_register_of_legislation:F2022C01140
Segment Type: other
Provision Reference: 
Character Range: 142780–145655

a vacancy caused by the removal of a member of the committee.

        (6) A vacancy in the committee may be filled by the appointment of a person by a resolution at a meeting of the creditors of which 5 business days' notice has been given.

        (7) A vacancy in the committee that is not filled as provided by subsection (5) or (6) may be filled by the appointment of a person by the committee and a person so appointed represents the creditors.

        (8) If:
           (a) there is a vacancy in the membership of a committee of inspection; and
           (b) there are at least 2 remaining members of the committee;
       the remaining members may continue to act despite the vacancy.

       80‑15  Reasonable requests for information etc.

        (1) This section is made for the purposes of subsection 80‑40(3) of the Insolvency Practice Schedule (Corporations).

       Unreasonable requests

        (2) It is not reasonable for an external administrator of a company to comply with a request to give information, provide a report or produce a document to the committee of inspection if the external administrator, acting in good faith, is of the opinion that:
           (a) complying with the request would substantially prejudice the interests of one or more creditors or a third party and that prejudice outweighs the benefits of complying with the request; or
           (b) the information, report or document would be privileged from production in legal proceedings on the ground of legal professional privilege; or
           (c) disclosure of the information, report or document would found an action by a person for breach of confidence; or
           (d) there is not sufficient available property to comply with the request; or
           (e) the information, report or document has already been provided; or
           (f) the request is vexatious.

        (3) Without limiting paragraph (2)(f), a request may be taken to be vexatious if it is made within 20 business days of a similar request being made by the committee of inspection.

       Reasonable requests

        (4) It is reasonable for an external administrator of a company to comply with a request to give information, provide a report or produce a document to the committee of inspection if subsection (2) does not apply to the request.

        (5) Despite paragraph (2)(d) or (e), it is also reasonable for an external administrator of a company to comply with a request to give information, provide a report or produce a document to the committee of inspection if:
           (a) the committee agrees to bear the cost of complying with the request; and
           (b) if required to do so by the external administrator—security for the cost of complying with the request is given to the external administrator before the request is complied with.

       80‑20  Time for