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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 600F

Limitation on right of suppliers of essential services to insist on payment as condition of supply

(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

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

"essential service" means:

(a)
electricity; or

(b)
gas; or

(c)
water; or

(d)
a carriage service (within the meaning of the Telecommunications Act 1997 ).

"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

(e)
the receiver, or receiver and manager;

as the case requires.


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