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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 597A
When Court is to require affidavit about corporation's
(1) The Court is to require a person to file an affidavit
about a corporation's examinable affairs if:
- an eligible applicant
applies for the requirement to be made; and
- the Court is satisfied that the person is an examinable officer of the
corporation or was such an officer during or after the 2 years ending:
- if the corporation is under administrationon the section 513C
day in relation to the administration; or
- if the corporation has executed a deed of company arrangement that has
not yet terminatedon the section 513C day in relation to the
administration that ended when the deed was executed; or
- if the corporation is being, or has been, wound upwhen the winding
up began; or
- otherwisewhen 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:
- specify such of the information requested in
the application as relates to examinable affairs of the corporation; and
- require the affidavit to set out the specified information; and
- require the affidavit to be filed on or before a specified day that is
reasonable in the circumstances.
(3) A person must not, without reasonable excuse, refuse or fail to comply
with a requirement made of the person under subsection (1).
(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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