Commonwealth Consolidated Acts

CORPORATIONS ACT 2001 - SECT 600F

  (1)   If:

  (a)   a relevant authority of an eligible company requests, or authorises someone else to request, a person or authority ( the supplier ) to supply an essential service to the company in Australia; and

  (b)   the company owes an amount to the supplier in respect of the supply of the essential service before the effective day;

the supplier must not:

  (c)   refuse to comply with the request for the reason only that the amount is owing; or

  (d)   make it a condition of the supply of the essential service pursuant to the request that the amount is to be paid.

  (2)   In this section:

"effective day" , in relation to a relevant authority of an eligible company, means the day when the relevant authority became a relevant authority of the company, even if that day began before this Act commenced.

"eligible company" means a company:

  (a)   that is being wound up; or

  (b)   a provisional liquidator of which is acting; or

  (c)   that is under administration; or

  (d)   that has executed a deed of company arrangement that has not yet terminated; or

  (da)   that is under restructuring; or

  (db)   that has made a restructuring plan that has not yet terminated; or

  (e)   a receiver, or receiver and manager, of property of which is acting.

"relevant authority" , in relation to an eligible company, means:

  (a)   the liquidator; or

  (b)   the provisional liquidator; or

  (c)   the administrator of the company; or

  (d)   the administrator of the deed of company arrangement; or

  (da)   the restructuring practitioner for the company; or

  (db)   the restructuring practitioner for the restructuring plan; or

  (e)   the receiver, or receiver and manager;

as the case requires.