Section 60 — Corporations Act 2001: Declaration of relevant relationships

Administrator (1) In this Act, a declaration of relevant relationships, in relation to an administrator of a company under administration, means a written declaration: (a) stating whether any of the following: (i) the administrator; (ii) if the administrator’s firm (if any) is a partnership—a partner in that partnership; (iii) if the administrator’s firm (if any) is a body corporate—that body corporate or an associate of that body corporate; has, or has had within the preceding 24 months, a relationship with: (iv) the company; or (v) an associate of the company; or (vi) a former liquidator, or former provisional liquidator, of the company; or (via) a former restructuring practitioner for the company, or a restructuring plan of the company; or (vii) a person who is entitled to enforce a security interest in the whole, or substantially the whole, of the company’s property (including any PPSA retention of title property); and (b) if so, stating the administrator’s reasons for believing that none of the relevant relationships result in the administrator having a conflict of interest or duty. Restructuring practitioner (1A) In this Act, a declaration of relevant relationships, in relation to a restructuring practitioner for a company under restructuring, means a written declaration: (a) stating whether any of the following: (i) the restructuring practitioner; (ii) if the restructuring practitioner’s firm (if any) is a partnership—a partner in that partnership; (iii) if the restructuring practitioner’s firm (if any) is a body corporate—that body corporate or an associate of that body corporate; has, or has had within the preceding 24 months, a relationship with: (iv) the company; or (v) an associate of the company; or (vi) a former liquidator, or former provisional liquidator, of the company; or (vii) a person who is entitled to enforce a security interest in the whole, or substantially the whole, of the company’s property (including any PPSA retention of title property); and (b) if so, stating the restructuring practitioner’s reasons for believing that none of the relevant relationships result in the restructuring practitioner having a conflict of interest or duty. Liquidator (2) In this Act, a declaration of relevant relationships, in relation to a liquidator of a company, means a written declaration: (a) stating whether any of the following: (i) the liquidator; (ii) if the liquidator’s firm (if any) is a partnership—a partner in that partnership; (iii) if the liquidator’s firm (if any) is a body corporate—that body corporate or an associate of that body corporate; has, or has had within the preceding 24 months, a relationship with: (iv) the company; or (v) an associate of the company; or (vi) a former liquidator, or former provisional liquidator, of the company; or (vii) a former administrator of the company; or (viii) a former administrator of a deed of company arrangement executed by the company; or (ix) a former restructuring practitioner for the company; or (x) a former restructuring practitioner for a restructuring plan made by the company; and (b) if so, stating the liquidator’s reasons for believing that none of the relevant relationships result in the liquidator having a conflict of interest or duty.