"appointer", in relation to the administrator of a company under administration, means:

(a)

if the administrator was appointed by the Court under section 449B or subsection (6) of this section—the Court; or

(b)

otherwise:

(i)

if the administration began because of an appointment under section 436A—the company; or

(ii)

if the administration began because of an appointment under section 436B—a liquidator or provisional liquidator of the company; or

(iii)

if the administration began because of an appointment under section 436C—a person who is entitled, or would apart from section 440B or 441D be entitled, to enforce the charge.

(3) An appointment under subsection (1) by the company under administration must be made pursuant to a resolution of the board. (4) Within 5 business days after being appointed under subsection (1) as administrator of a company otherwise than by the Court, a person must convene a meeting of the company's creditors so that they may:

(a)

determine whether to remove the person from office; and

(b)

if so, appoint someone else as administrator of the company.

(5) A person must convene a meeting under subsection (4) by:

(a)

giving written notice of the meeting to as many of the company's creditors as reasonably practicable; and

(b)

causing notice of the meeting to be published:

(i)

in a national newspaper; or

(ii)

in each State or Territory in which the company has its registered office or carries on business, in a daily newspaper that circulates generally in that State or Territory;