Document ID: chunk:federal_register_of_legislation:C2016A00011:schedule:2:p23
Version: federal_register_of_legislation:C2016A00011
Segment Type: schedule
Provision Reference: sch 2 (pt 23/71)
Character Range: 278803–281555

cancelled;
ASIC may, in writing, appoint another registered liquidator to conduct the external administration of the company.
 (2) If:
 (a) a liquidator fails to renew his or her registration as a liquidator before that registration ceases to have effect; and
 (b) no order has been made by the Court under subsection 20‑70(3) extending the period during which the liquidator may apply for renewal; and
 (c) the liquidator is conducting the external administration of a company at the time his or her registration as a liquidator ceases to have effect;
ASIC may, in writing, appoint another registered liquidator to conduct the external administration of the company.
 (3) Subsections (1) and (2) do not apply to:
 (a) a liquidator appointed by the Court; or
 (b) a winding up ordered by ASIC under section 489EA; or
 (c) a members' voluntary winding up.
Note: For court‑appointed liquidators, see section 473A. For a winding up ordered by ASIC, see section 489EA. For a members' voluntary winding up, see section 495.
 (4) An appointment of a registered liquidator by ASIC under subsection (1) must not be made without the written consent of the liquidator.

Division 45—Court oversight of registered liquidators

45‑1  Court may make orders in relation to registered liquidators
 (1) The Court may make such orders as it thinks fit in relation to a registered liquidator.
 (2) The Court may exercise the power under subsection (1):
 (a) on its own initiative, during proceedings before the Court; or
 (b) on application under subsection (3).
 (3) Each of the following persons may apply for an order under subsection (1):
 (a) the registered liquidator;
 (b) ASIC.
 (4) Without limiting the matters which the Court may take into account when making orders, the Court may take into account:
 (a) whether the registered liquidator has faithfully performed, or is faithfully performing, the registered liquidator's duties; and
 (b) whether an action or failure to act by the registered liquidator is in compliance with this Act and the Insolvency Practice Rules; and
 (c) whether an action or failure to act by the registered liquidator is in compliance with an order of the Court; and
 (d) whether any person has suffered, or is likely to suffer, loss or damage because of an action or failure to act by the registered liquidator; and
 (e) the seriousness of the consequences of any action or failure to act by the registered liquidator, including the effect of that action or failure to act on public confidence in registered liquidators as a group.
 (5) This section does not limit the Court's powers under any other provision of this Act, or under any other law.

45‑5  Court may make orders about costs
 (1) Without limiting section 45‑1, the Court