Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p84
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 206891–209643

or part of the property of a corporation" and substituting "of property of a corporation (whether the property is within or outside the Territory or within or outside Australia)"; and
     (b) by inserting in sub-section (2) "of property of the corporation" after "receiver".

Provisions as to information where receiver appointed
98. Section 328 of the Principal Act is amended—
     (a) by omitting sub-section (1) and substituting the following sub-section:
     "(1) Where a receiver of property of a company or registered foreign company is appointed—
          (a) the receiver shall forthwith serve on the company or registered foreign company notice of his appointment;
          (b) the persons who were the directors and the secretary of the company, or the person who was the agent of the registered foreign company, as the case may be, at the date of the receiver's appointment, shall, within 14 days after the company or registered foreign company receives the notice referred to in paragraph (a), make out and submit to the receiver a report in

          the prescribed form as to the affairs of the company or registered foreign company as at the date of that appointment; and
          (c) the receiver shall, within one month after receipt of the report—
              (i) lodge with the Commission a copy of the report and a notice setting out any comments he sees fit to make relating to the report or, if he does not see fit to make any comment, a notice stating that he does not see fit to make any comment;
              (ii) send to the company or registered foreign company a copy of the notice lodged with the Commission in accordance with sub-paragraph (i); and
              (iii) where the receiver is appointed by or on behalf of the holders of debentures of the company or registered foreign company, send to the trustees (if any) for those holders, a copy of the report and a copy of the notice lodged with the Commission in accordance with sub-paragraph (i).";
     (b) by inserting in sub-section (2) "or registered foreign company" after "company" (first occurring);
     (c) by omitting from sub-section (2) ", at the date of the receiver's appointment, the directors and the secretary of the company" and substituting "the directors and the secretary of the company, or the person who was the agent of the registered foreign company, as the case may be, at the date of the receiver's appointment";
     (d) by inserting in paragraph (2) (a) "or that person, as the case may be" after "those persons";
     (e) by inserting in sub-section (3) ", or the person who was, at the date of the receiver's appointment, the agent of a registered foreign company is," after "are";
     (f) by inserting in sub-section (3) "or