Corporations Act 2001
Note: See section 600K .PART 2 - REGISTERING AND DISCIPLINING PRACTITIONERS Division 40 - Disciplinary and other action Subdivision B - Direction to comply CLAUSE 40-15 DIRECTION NOT TO ACCEPT FURTHER APPOINTMENTS 40-15(1)
ASIC may, in writing, direct a registered liquidator not to accept any further appointments under Chapter 5 (external administration), or not to accept any further appointments under Chapter 5 during a period specified in the direction, if:
(a) the liquidator has failed to comply with a direction given to the liquidator under section 40-5 (direction to remedy failure to lodge documents, or give information or documents); or
(b) the liquidator has failed to comply with a direction given to the liquidator under section 40-10 (direction to correct inaccuracies); or
(c) a committee has decided under paragraph 40-55(1)(d) that ASIC should give the direction referred to in that paragraph; or
(d) the liquidator has failed to comply with a direction given to the liquidator under section 70-70 (direction to give relevant material); or
(e) the liquidator has failed to comply with a direction given to the liquidator under subsection 75-20(1) or (2), or subsection 80-27(1) (direction to convene a meeting of creditors or comply with requirements in relation to such a meeting). Condition of registration to comply with direction 40-15(2)
If ASIC gives a direction to a registered liquidator under subsection (1), it is a condition of the liquidator ' s registration that the liquidator must comply with the direction. Withdrawal of direction 40-15(3)
ASIC may withdraw a direction given under subsection (1). 40-15(4)
The condition is removed from the liquidator ' s registration if ASIC withdraws the direction. Direction is not a legislative instrument 40-15(5)
A direction under subsection (1) is not a legislative instrument. Relationship with other laws 40-15(6)
Nothing in this section limits the operation of any other provision of this Act, or any other law, in relation to:
(a) a person who fails to comply with a requirement to lodge a document with, or give information or a document to, ASIC; or
(b) a person giving incomplete or incorrect information; or
(c) any matter in relation to which a committee makes a decision under subsection 40-55(1) .
[ CCH Note: Cl 40-15(6) will be amended by No 69 of 2020, s 3, Sch 1, by inserting " or the Registrar " after " ASIC " in para (a) (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
Nothing in this section limits ASIC ' s power under this Act, or any other law, to apply to the Court for an order in relation to a failure to comply with a direction mentioned in subsection (1).
[ CCH Note: Cl 40-15(7) will be amended by No 69 of 2020, s 3, Sch 1, by substituting " any power of ASIC or the Registrar " for " ASIC ' s power " (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
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