CORPORATIONS ACT 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.3A - ADMINISTRATION OF A COMPANY'S AFFAIRS WITH A VIEW TO EXECUTING A DEED OF COMPANY ARRANGEMENT  

Division 8 - Powers of administrator  

SECTION 442D   ADMINISTRATOR ' S POWERS SUBJECT TO POWERS OF SECURED PARTY, RECEIVER OR CONTROLLER  

442D(1)  
Where section 441A applies, the administrator ' s functions and powers are subject to the functions and powers of a person as:


(a) the secured party; or


(b) a receiver or controller appointed under Part 5.2 (whether under an instrument relating to the security interest or a court order, and even if appointed after the decision period).

442D(2)  
Where section 441C applies, then, so far as concerns perishable property of the company, the administrator ' s functions and powers are subject to the functions and powers of a person as:


(a) the secured party; or


(b) a receiver or controller appointed under Part 5.2 (whether under an instrument relating to the security interest or a court order, and even if appointed after the decision period).

442D(3)  


Where section 441B , 441F or 441G applies, then, so far as concerns the property referred to in subsection 441B(1) , 441F(1) or 441G(1) , the administrator ' s functions and powers are subject to the functions and powers of the secured party, receiver or controller.

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