Document ID: chunk:federal_register_of_legislation:F2022C01140:body:0:p51
Version: federal_register_of_legislation:F2022C01140
Segment Type: other
Provision Reference: 
Character Range: 140155–142992

a creditor of the company by virtue of a general power of attorney given by the creditor; or
           (c) a person authorised in writing by a creditor of the company to be a member of the committee of inspection; or
           (d) a representative of the Commonwealth, if:
              (i) a claim for financial assistance from the Commonwealth in relation to unpaid employment entitlements has been made; or
              (ii) the Commonwealth considers that such a claim is likely to be made.

       Procedures

        (3) A committee of inspection must meet at such times and places as its members from time to time appoint.

        (4) If a committee of inspection is appointed as a result of a determination of the creditors of the company under section 80‑10 of the Insolvency Practice Schedule (Corporations), the external administrator or a member of the committee may convene a meeting of the committee.

        (5) If a committee of inspection is appointed as a result of a resolution under section 80‑26 of the Insolvency Practice Schedule (Corporations) (about pooled groups), either:
           (a) the external administrator or external administrators of the companies in the group concerned; or
           (b) a member of the committee;
       may convene a meeting of the committee.

        (6) A committee of inspection may act by a majority of its members present at a meeting, but must not act unless a majority of its members are present.

        (7) If a member of the committee is a body corporate, the member may be represented at meetings of the committee by an individual authorised in writing by the member for the purposes of this subsection.

       80‑10  Resignation, removal and vacancies

        (1) This section is made for the purposes of subsection 80‑30(2) of the Insolvency Practice Schedule (Corporations).

        (2) A member of a committee of inspection may resign by notice in writing signed by the member and delivered to the external administrator.

        (3) The office of a member of a committee of inspection becomes vacant if the member:
           (a) becomes an insolvent under administration; or
           (b) is absent from 5 consecutive meetings of the committee without the leave of those members who together with himself or herself represent the creditors.

        (4) A member of the committee who represents creditors may be removed by a resolution at a meeting of creditors of which 5 business days' notice has been given stating the object of the meeting.

        (5) A person may be appointed at the meeting referred to in subsection (4) to fill a vacancy caused by the removal of a member of the committee.

        (6) A vacancy in the committee may be filled by the appointment of a person by a resolution at a meeting of the creditors of which 5 business