Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.9 - MISCELLANEOUS  

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)   [ Supply of essential service requested]  

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)   [ Definitions]  

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


(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


(e) the receiver, or receiver and manager;

as the case requires.


 

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