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CORPORATIONS ACT 2001 - SECT 1611

Validity of appointment under section 548 of the old Act not affected by lack of separate meeting of contributories

             (1)  The appointment of a committee of inspection under section 548 of the old Act before the commencement day is not invalid merely because a separate meeting of contributories was not convened for the purposes of determining:

                     (a)  whether a committee of inspection should be appointed; and

                     (b)  where a committee of inspection is to be appointed:

                              (i)  the numbers of members to represent the creditors and the contributories, respectively; and

                             (ii)  the persons who are to be members of the committee representing creditors and contributories, respectively.

             (2)  However, if:

                     (a)  a debt or claim has been paid in the winding up of a company before the commencement day; and

                     (b)  the priority given to the debt or claim was determined under section 556 of the Corporations Act 2001 on the basis that a committee of inspection was not validly appointed because a separate meeting of contributories was not convened for the purposes mentioned in paragraphs (1)(a) and (b); and

                     (c)  but for subsection (1), the committee of inspection would not have been validly appointed;

the priority of the payment is not affected by subsection (1).



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