Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 No. 50, 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:

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 administration—on the section 513C day in relation to the administration; or
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
if the corporation is being, or has been, wound up—when the winding up began; or
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:

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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