Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p80
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 197142–199836

to in paragraph (a) does not contain any moneys other than the moneys of the corporation that come under his control; and
     (d) keep such accounting records as correctly record and explain all transactions entered into by him as receiver.
"(2) A receiver who contravenes or fails to comply with sub-section (1) is guilty of an offence.
"(3) Any director, creditor or member of a corporation may, unless the Court otherwise orders, personally or by his agent, inspect records kept by a receiver of property of the corporation for the purposes of paragraph (1) (d).

Reports by receiver
"324c. (1) If it appears to the receiver of property of a company or registered foreign company that—
     (a) a past or present officer, or a member, of the company or registered foreign company may have been guilty of an offence under any law of the Commonwealth or of a State or Territory in relation to the company or registered foreign company; or
     (b) a person who has taken part in the formation, promotion, administration, management or winding up of the company or registered foreign company—
          (i) may have misapplied or retained, or may have become liable or accountable for, any money or property (whether the property

          is within or outside the Territory or within or outside Australia) of the company or registered foreign company; or
          (ii) may have been guilty of any negligence, default, breach of duty or breach of trust in relation to the company or registered foreign company,
the receiver shall—
     (c) forthwith report the matter to the Commission; and
     (d) furnish the Commission with such information, and give to it such access to and facilities for inspecting and taking copies of any documents, as the Commission requires.
"(2) The receiver may also, if he thinks fit, lodge with the Commission further reports specifying any other matter that, in his opinion, it is desirable to bring to the notice of the Commission.
"(3) If it appears to the Court—
     (a) that a past or present officer, or a member, of a company or registered foreign company in respect of property of which a receiver has been appointed has been guilty of an offence under a law referred to in paragraph (1) (a) in relation to the company or registered foreign company; or
     (b) that a person who has taken part in the formation, promotion, administration, management or winding up of a company or registered foreign company in respect of property of which a receiver has been appointed has engaged in conduct referred to in paragraph (1) (b) in relation to the company or registered foreign company,
and that the receiver has not made a report to the Commission with