Section 597A — Corporations Act 2001: 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: (a) an eligible applicant applies for the requirement to be made; and (b) the Court is satisfied that the person is an officer or provisional liquidator of the corporation or was such an officer or provisional liquidator during or after the 2 years ending: (i) if the corporation is under administration—on the section 513C day in relation to the administration; or (ii) 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 (iia) if the corporation is under restructuring—on the section 513CA day in relation to the restructuring; or (iib) if the corporation has made a restructuring plan that has not yet terminated—on the section 513CA day in relation to the restructuring that ended when the plan was made; or (iii) if the corporation is being, or has been, wound up—when the winding up began; or (iv) 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: (a) specify such of the information requested in the application as relates to examinable affairs of the corporation; and (b) require the affidavit to set out the specified information; and (c) require the affidavit to be filed on or before a specified day that is reasonable in the circumstances. (3) A person must not refuse, or intentionally or recklessly fail, to comply with a requirement made of the person under subsection (1). (3A) Subsection (3) does not apply to the extent that the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (3A), see subsection 13.3(3) of the Criminal Code. (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.