Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p105
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 105/110)
Character Range: 418172–421080

if the corporation is under administration—on the section 513C day in relation to the administration; or

          (ii) if the corporation has executed a deed of company arrangement that has not yet terminated—on the section

         513C day in relation to the administration that ended when the deed was executed; or

         (iii) if the corporation is being, or has been, wound up— when the winding up began; or

      (iv) otherwise—when the application is made;

even if the person has been summoned under section 596A or 596B for examination about those affairs.

  "(2) The requirement is to:

    (a)     specify such of the information requested in the application as relates to examinable affairs of the corporation; and

  (b)     require the affidavit to set out the specified information; and

    (c)     require the affidavit to be filed on or before a specified day that is reasonable in the circumstances.

"(3) A person must not, without reasonable excuse, refuse or fail to comply with a requirement made of the person under subsection (1).

"(4) The Court may excuse a person from answering a question at an examination about a corporation's examinable affairs if the person has already filed an affidavit under this section about that corporation's examinable affairs that sets out information that answers the question.

Costs of unnecessary examination or affidavit

"597B. Where the Court is satisfied that a summons to a person under section 596A or 596B, or a requirement made of a person under section 597A, was obtained without reasonable cause, the Court may order some or all of the costs incurred by the person because of the summons or requirement to be paid by:

  (a)     in any case—the applicant for the summons or requirement; or

    (b)     in the case of a summons—any person who took part in the examination.

"Division 2—Orders against a person in relation to a corporation".

Order against person concerned with corporation

  119. Section 598 of the Corporations Law is amended:

  (a)     by omitting subsection (1);

    (b)    by omitting from subsection (2) "the Commission or a prescribed person," and substituting "an eligible applicant,".

120. After section 600 of the Corporations Law the following Division and heading are inserted:

              "Division 3—Provisions applying to various kinds of external administration

Powers of Court where outcome of voting at creditors' meeting determined by related entity

"600A.(1) Subsection (2) applies where, on the application of a creditor of a company or Part 5.1 body, the Court is satisfied:

  (a) that a proposed resolution has been voted on at:

         (i) in the case of a company—a meeting of creditors of the company held:

             (A)    under Part 5.3A or a deed of company arrangement executed by the company; or

          (B)     in connection with winding up the company;