Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 595

Inducement to be appointed liquidator etc. of company

             (1)  A person must not give, or agree or offer to give, to another person any valuable consideration with a view to securing the first-mentioned person's own appointment or nomination, or to securing or preventing the appointment or nomination of a third person, as:

                     (a)  a liquidator or provisional liquidator of a company; or

                     (b)  an administrator of a company; or

                     (c)  an administrator of a deed of company arrangement executed, or to be executed, by a company; or

                    (ca)  a restructuring practitioner for a company; or

                   (cb)  a restructuring practitioner for a restructuring plan made, or to be made, by a company; or

                     (d)  a receiver, or a receiver and manager, of property of a company; or

                     (e)  a trustee or other person to administer a compromise or arrangement made between a company and any other person or persons.

             (2)  An offence based on subsection (1) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .



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