Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:3:p23
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 3 (pt 23/60)
Character Range: 240833–243585

more than once before the end of the acceptance period.

Definitions
 (4) In this regulation:
acceptance period has the same meaning as in subregulation 5.3B.21(3).

5.3B.24  Company under restructuring must do certain things
  This regulation is satisfied in relation to a company under restructuring if:
 (a) the company has:
 (i) paid the entitlements of its employees that are payable; and
 (ii) given returns, notices, statements, applications or other documents as required by taxation laws (within the meaning of the Income Tax Assessment Act 1997); or
 (b) the company is substantially complying with the matter concerned.
Note: Employee entitlements are defined in subsections 596AA(2) and (3) of the Act and include superannuation contributions payable by the company.

Subdivision C—Accepting a proposal for a restructuring plan

5.3B.25  Acceptance of restructuring plan

When restructuring plan is accepted
 (1) A company's restructuring plan is accepted if, at the end of the last day of the acceptance period, the majority in value of those creditors from whom the restructuring practitioner for the plan has received a statement under paragraph 5.3B.21(1)(b) stated that the restructuring plan should be accepted.
 (2) For the purposes of subregulation (1):
 (a) the value of an affected creditor is to be worked out:
 (i) by reference to the value of the creditor's admissible debts or claims that are known at the time the restructuring began; or
 (ii) if a person is an affected creditor because the person purchased another creditor's admissible debts or claims—by reference to the value of the purchase price; and
 (b) where there have been mutual credits, mutual debts or other mutual dealings between the company and an affected creditor:
 (i) an account is to be taken of what is due from the one party to the other in respect of those mutual dealings; and
 (ii) the sum due from the one party is to be set off against any sum due from the other party; and
 (iii) the value of the affected creditor is to be worked out only by reference to the balance of the account; and
 (c) disregard an affected creditor who is an excluded creditor.
Note: For the purposes of subparagraph (a)(ii), the purchase price would normally be the price stated in the contract for the purchase of the admissible debt or claim. However, if the amount paid by the person is different from the price stated in the contract, then the purchase price would be the amount that was actually paid.

Offence
 (3) A person commits an offence if:
 (a) the person gives, or agrees or offers to give, to an affected creditor any valuable consideration; and
 (b) the person does so with the intention of securing the affected creditor's acceptance or non‑acceptance