Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.9 - MISCELLANEOUS  

Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 8 of Part 8B.6 .

Division 3 - Provisions applying to various kinds of external administration  

SECTION 600F   LIMITATION ON RIGHT OF SUPPLIERS OF ESSENTIAL SERVICES TO INSIST ON PAYMENT AS CONDITION OF SUPPLY  

600F(1)    
If:

(a) a relevant authority of an eligible company requests, or authorises someone else to request, a person or authority ( the supplier ) to supply an essential service to the company in Australia; and

(b) the company owes an amount to the supplier in respect of the supply of the essential service before the effective day;

the supplier must not:

(c) refuse to comply with the request for the reason only that the amount is owing; or

(d) make it a condition of the supply of the essential service pursuant to the request that the amount is to be paid.

600F(2)    

In this section:

effective day
, in relation to a relevant authority of an eligible company, means the day when the relevant authority became a relevant authority of the company, even if that day began before this Act commenced.

eligible company
means a company:

(a) that is being wound up; or

(b) a provisional liquidator of which is acting; or

(c) that is under administration; or

(d) that has executed a deed of company arrangement that has not yet terminated; or

(da) that is under restructuring; or

(db) that has made a restructuring plan that has not yet terminated; or

(e) a receiver, or receiver and manager, of property of which is acting.

essential service
means:

(a) electricity; or

(b) gas; or

(c) water; or

(d) a carriage service (within the meaning of the Telecommunications Act 1997 ).

relevant authority
, in relation to an eligible company, means:

(a) the liquidator; or

(b) the provisional liquidator; or

(c) the administrator of the company; or

(d) the administrator of the deed of company arrangement; or

(da) the restructuring practitioner for the company; or

(db) the restructuring practitioner for the restructuring plan; or

(e) the receiver, or receiver and manager;

as the case requires.