Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.9 - MISCELLANEOUS  

Division 1 - Examining a person about a corporation  

SECTION 597A   WHEN COURT IS TO REQUIRE AFFIDAVIT ABOUT CORPORATION'S EXAMINABLE AFFAIRS  

597A(1)   [ When affidavit required]  

The Court is to require a person to file an affidavit about a corporation's examinable affairs if:


(a) an eligible applicant applies for the requirement to be made; and


(b) the Court is satisfied that the person is an officer or provisional liquidator of the corporation or was such an officer or provisional liquidator during or after the 2 years ending:


(i) if the corporation is under administration - on the section 513C day in relation to the administration; or

(ii) if the corporation has executed a deed of company arrangement that has not yet terminated - on the section 513C day in relation to the administration that ended when the deed was executed; or

(iii) if the corporation is being, or has been, wound up - when the winding up began; or

(iv) otherwise - when the application is made;

even if the person has been summoned under section 596A or 596B for examination about those affairs.

597A(2)   [ Affidavit requirement]  

The requirement is to:


(a) specify such of the information requested in the application as relates to examinable affairs of the corporation; and


(b) require the affidavit to set out the specified information; and


(c) require the affidavit to be filed on or before a specified day that is reasonable in the circumstances.

597A(3)   [ Failure to comply with requirement]  

A person must not refuse, or intentionally or recklessly fail, to comply with a requirement made of the person under subsection (1).

597A(3A)   [ Reasonable excuse]  

Subsection (3) does not apply to the extent that the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3A), see subsection 13.3(3) of the Criminal Code .

597A(4)   [ Affidavit already filed]  

The Court may excuse a person from answering a question at an examination about a corporation's examinable affairs if the person has already filed an affidavit under this section about that corporation's examinable affairs that sets out information that answers the question.


 

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