Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 454K

Where recovery of property begins before restructuring

  (1)   This section applies if, before the beginning of the restructuring of a company, a receiver or other person:

  (a)   entered into possession, or assumed control, of property used or occupied by, or in the possession of, the company; or

  (b)   exercised any other power in relation to such property;

for the purpose of enforcing a right of the owner or lessor of the property to take possession of the property or otherwise recover it.

  (2)   Nothing in section   453K or 453R prevents the receiver or other person from performing a function, or exercising a power, in relation to the property.


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