Document ID: chunk:federal_register_of_legislation:C2025C00185:section:589:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 589 (pt 2/2)
Character Range: 2086686–2088871

order of a court (whether or not an Australian court) in favour of a creditor of the company is returned unsatisfied in whole or in part.

Meaning of appropriate officer and property
 (5) In this Part:
appropriate officer means:
 (a) in relation to a company that has been, has been being or is being wound up—the liquidator; and
 (aa) in relation to a company of which a provisional liquidator has been appointed—the provisional liquidator; and
 (b) in relation to a company that is or has been under administration—the administrator; and
 (ba) in relation to a company that has executed a deed of company arrangement—the deed's administrator; and
 (bb) in relation to a company that is or has been under restructuring—the restructuring practitioner; and
 (bc) in relation to a company that has made a restructuring plan—the plan's restructuring practitioner; and
 (c) in relation to a company affairs of which are or have been under investigation—ASIC or the NCSC, as the case requires; and
 (d) in relation to a company in respect of property of which a receiver, or a receiver and manager, has been appointed—the receiver or the receiver and manager; and
 (e) in relation to a company that has ceased to carry on business or is unable to pay its debts—ASIC or the NCSC, as the case requires; and
 (f) in relation to a company that has entered into a compromise or arrangement with its creditors—the person appointed by the Court to administer the compromise or arrangement.
property of a company includes any PPSA retention of title property of the company.
Note: See sections 9 (definition of property) and 51F (PPSA retention of title property).
 (6) This Part applies in relation to a company that was first incorporated other than under this Act:
 (a) as if, in this Part (other than section 595) as so applying:
 (i) a reference to the company included a reference to the company as it existed at a time before its registration day (including a time before the commencement of this Act); and
 (iii) a reference, in relation to a provision of this Act, to ASIC included a reference to the NCSC (if relevant); and
 (b) with such other modifications as the circumstances require.