Corporations Act 2001

SCHEDULE 2 - INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)  

Note: See section 600K .

PART 3 - GENERAL RULES RELATING TO EXTERNAL ADMINISTRATIONS  

Division 70 - Information  

Subdivision B - Administration returns  

CLAUSE 70-5   ANNUAL ADMINISTRATION RETURN  

Application of this section

70-5(1)    
This section applies if a person is the external administrator of a company during all or part of an administration return year for the external administrator for the company.

70-5(2)    
However, this section does not apply if:

(a) the external administration of the company ends during the administration return year; and

(b) the person is the external administrator of the company when the external administration of the company ends.

Note: If a person is the external administrator of a company when the external administration of the company ends, the person must instead lodge a return under section 70-6 .

Annual administration return to be lodged

70-5(3)    
The person must lodge a return in relation to the external administration of the company by the person during the year or part of the year (as the case requires).

70-5(4)    
The return must:

(a) be in the approved form; and

(b) be lodged with ASIC within 3 months after the end of the year.

Note: Fees for lodging documents and late lodgement fees may be imposed under the Corporations (Fees) Act 2001 .

Meaning of administration return year

70-5(5)    
Each of the following is an administration return year for an external administrator for a company:

(a) the period of 12 months beginning on the day on which the person first began to be an external administrator of the company;

(b) each subsequent period of 12 months.

Notice of lodgement to be given

70-5(6)    
The person must give notice that the return has been lodged:

(a) in a members ' voluntary winding up - to the members of the company; and

(b) in a creditors ' voluntary winding up - to the creditors; and

(c) in a court-ordered winding up - to the creditors; and

(d) if the external administrator is appointed as a provisional liquidator - to the Court; and

(e) if the company is under administration or has executed a deed of company arrangement - to the company; and

(f) if the company is under restructuring or has made a restructuring plan - to the company;

when next forwarding any report, notice of meeting, notice of call or dividend.

Returns for pooled groups

70-5(7)    
If 2 or more companies are members of a pooled group, then the returns under subsection (3) for those companies may be set out in the same document.