Corporations Act 2001
Div 7 heading substituted by No 96 of 2010, s 3, Sch 1, Pt 3 [ 35] (effective 30 January 2012).
Div 7 heading substituted by No 132 of 2007, s 3, Sch 4, Pt 2 [ 50] (effective 31 December 2007).
Subdiv B heading inserted by No 96 of 2010, s 3, Sch 1, Pt 3 [ 36] (effective 30 January 2012).
S 441D heading amended by No 96 of 2010, s 3, Sch 1, Pt 3 [ 38] (effective 30 January 2012).
This section applies if:
(a) for the purpose of enforcing a security interest in property of a company, the secured party, or a receiver or other person, does or proposes to do an act of a kind referred to in a paragraph of subsection 441B(1) ; and
(b) the company is under administration when the secured party, receiver or other person does or proposes to do the act, or the company later begins to be under administration;
but does not apply in a case where section 441A applies.
S 441D(1) amended by No 96 of 2010, s 3, Sch 1, Pt 3 [ 76] (effective 30 January 2012).
S 441D(1) amended by No 132 of 2007, s 3, Sch 4, Pt 2 [ 53] (effective 31 December 2007).
On application by the administrator, the Court may order the secured party, receiver or other person not to perform specified functions, or exercise specified powers, except as permitted by the order.
S 441D(2) amended by No 96 of 2010, s 3, Sch 1, Pt 3 [ 77] (effective 30 January 2012).
The Court may only make an order if satisfied that what the administrator proposes to do during the administration will adequately protect the secured party ' s interests.
S 441D(3) amended by No 96 of 2010, s 3, Sch 1, Pt 3 [ 38] (effective 30 January 2012).
An order may only be made, and only has effect, during the administration. 441D(5)
An order has effect despite sections 441B and 441C .
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