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CORPORATIONS ACT 2001 - SECT 588ZB

Who may apply for an employee entitlements contribution order

             (1)  An application to the Court for an employee entitlements contribution order may only be made by:

                     (a)  the liquidator of the insolvent company referred to in paragraph 588ZA(1)(a) (the insolvent company ); or

                     (b)  the Commissioner of Taxation; or

                     (c)  the Fair Work Ombudsman; or

                     (d)  the Secretary of the Department administered by the Minister who administers the Fair Entitlements Guarantee Act 2012 .

             (2)  If a liquidator is appointed to the insolvent company, a person mentioned in paragraph (1)(b), (c) or (d) may make the application only:

                     (a)  if the liquidator has given written consent to the applicant for the application to be made; or

                     (b)  with the leave of the Court.

             (3)  The Court may give leave under paragraph (2)(b) only if:

                     (a)  the applicant has given a written notice to the liquidator asking the liquidator to give consent under paragraph (2)(a); and

                     (b)  either:

                              (i)  the liquidator has given written notice to the applicant refusing to give consent under paragraph (2)(a); or

                             (ii)  more than 30 days have passed since the notice under paragraph (a) of this subsection was given; and

                     (c)  the Court is satisfied that it is appropriate to give leave, having regard to the following matters:

                              (i)  whether it is likely that the liquidator will make an application for an employee entitlements contribution order in relation to the insolvent company;

                             (ii)  any other matter that the Court considers relevant.

When proceedings may be begun

             (4)  An application for an employee entitlements contribution order may only be made within 6 years after the beginning of the winding up of the insolvent company.

Note:       This Part applies to a sub-fund of a CCIV in a modified form: see Division 7 of Part 8B.6.

   



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