Commonwealth Consolidated Acts

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Warrant to search for, and seize, company's property or books

  (1)   The Court may issue a warrant under subsection   (2) if:

  (a)   a company is being wound up or a provisional liquidator of a company is acting; and

  (b)   on application by the liquidator or provisional liquidator, as the case may be, or by ASIC, the Court is satisfied that a person:

  (i)   has concealed or removed property of the company with the result that the taking of the property into the custody or control of the liquidator or provisional liquidator will be prevented or delayed; or

  (ii)   has concealed, destroyed or removed books of the company or is about to do so.

Note:   This section applies to a CCIV in a modified form: see section   1237Z.

  (2)   The warrant may authorise a specified person, with such help as is reasonably necessary:

  (a)   to search for and seize property or books of the company in the possession of the person referred to in subsection   (1); and

  (b)   to deliver, as specified in the warrant, property or books seized under it.

  (3)   In order to seize property or books under the warrant, the specified person may break open a building, room or receptacle where the property is or the books are, or where the person reasonably believes the property or books to be.

  (4)   A person who has custody of property or a book because of the execution of the warrant must retain it until the Court makes an order for its disposal.

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