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CORPORATIONS ACT 2001 - SECT 597A

When Court is to require affidavit about corporation's examinable affairs

             (1)  The Court is to require a person to file an affidavit about a corporation's examinable affairs if:

                     (a)  an eligible applicant applies for the requirement to be made; and

                     (b)  the Court is satisfied that the person is an officer or provisional liquidator of the corporation or was such an officer or provisional liquidator during or after the 2 years ending:

                              (i)  if the corporation is under administration--on the section 513C day in relation to the administration; or

                             (ii)  if the corporation has executed a deed of company arrangement that has not yet terminated--on the section 513C day in relation to the administration that ended when the deed was executed; or

                           (iia)  if the corporation is under restructuring--on the section 513CA day in relation to the restructuring; or

                           (iib)  if the corporation has made a restructuring plan that has not yet terminated--on the section 513CA day in relation to the restructuring that ended when the plan was made; or

                            (iii)  if the corporation is being, or has been, wound up--when the winding up began; or

                            (iv)  otherwise--when the application is made;

even if the person has been summoned under section 596A or 596B for examination about those affairs.

             (2)  The requirement is to:

                     (a)  specify such of the information requested in the application as relates to examinable affairs of the corporation; and

                     (b)  require the affidavit to set out the specified information; and

                     (c)  require the affidavit to be filed on or before a specified day that is reasonable in the circumstances.

             (3)  A person must not refuse, or intentionally or recklessly fail, to comply with a requirement made of the person under subsection (1).

          (3A)  Subsection (3) does not apply to the extent that the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3A), see subsection 13.3(3) of the Criminal Code .

             (4)  The Court may excuse a person from answering a question at an examination about a corporation's examinable affairs if the person has already filed an affidavit under this section about that corporation's examinable affairs that sets out information that answers the question.



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