Commonwealth Consolidated Acts

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Creditor may serve statutory demand on company

  (1)   A person may serve on a company a demand relating to:

  (a)   a single debt that the company owes to the person, that is due and payable and whose amount is at least the statutory minimum; or

  (b)   2 or more debts that the company owes to the person, that are due and payable and whose amounts total at least the statutory minimum.

  (2)   The demand:

  (a)   if it relates to a single debt--must specify the debt and its amount; and

  (b)   if it relates to 2 or more debts--must specify the total of the amounts of the debts; and

  (c)   must require the company to pay the amount of the debt, or the total of the amounts of the debts, or to secure or compound for that amount or total to the creditor's reasonable satisfaction, within the statutory period after the demand is served on the company; and

  (d)   must be in writing; and

  (e)   must be in the prescribed form (if any); and

  (f)   must be signed by or on behalf of the creditor.

  (3)   Unless the debt, or each of the debts, is a judgment debt, the demand must be accompanied by an affidavit that:

  (a)   verifies that the debt, or the total of the amounts of the debts, is due and payable by the company; and

  (b)   complies with the rules of court.

  (4)   A person may make a demand under this section relating to a debt even if the debt is owed to the person as assignee.

  (5)   A demand under this section may relate to a liability under any of the following provisions of the Income Tax Assessment Act 1936 :

  (aa)   former section   220AAE, 220AAM or 220AAR;

  (a)   former section   221F (except subsection   221F(12)), former section   221G (except subsection   221G(4A)) or former section   221P;

  (b)   former subsection   221YHDC(2);

  (c)   former subsection   221YHZD(1) or (1A);

  (d)   former subsection   221YN(1);

  (e)   section   222AHA;

and any of the provisions of Subdivision   16 - B in Schedule   1 to the Taxation Administration Act 1953 , even if the liability arose before 1   January 1991.

  (6)   Subsection   (5) is to avoid doubt and is not intended to limit the generality of a reference in this Act to a debt.

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