VadeLab

Corporations Act 2001

Sections and provisions with full text and the judgments that cite each one.

Section 1583 — Old Act continues to apply in relation to any right of indemnity

(1) This section applies if the remuneration of an external administrator of a company is fixed under section 449E of the old Act: (a) before the commencement day; or (b) on or after the commencement…

Section 1584 — Application of new provisions about vacancies of court-appointed liquidator

Subsection 473A(1) (as inserted by Schedule 2 to the Insolvency Law Reform Act 2016) applies whether or not the vacancy in the office of liquidator occurred before, on or after the commencement day.

Section 1585 — Application of new provisions about exercise of powers while company under external administration

Application of new section 198G (1) Section 198G (as inserted by Schedule 2 to the Insolvency Law Reform Act 2016) applies in relation to an exercise of power or a performance of a function that…

Section 1586 — Application of Division 65 of the Insolvency Practice Schedule (Corporations)—general rule

Division 65 of the Insolvency Practice Schedule (Corporations) applies in relation to an ongoing external administration of a company.

Section 1587 — Administration account

If, immediately before the commencement day, a person has a liquidator’s general account in relation to the external administration of: (a) a company; or (b) a company in a pooled group; the account…

Section 1588 — Paying money into administration account

Application of the Insolvency Practice Schedule (Corporations) (1) Sections 65-5 and 65-15 of the Insolvency Practice Schedule (Corporations) do not apply in relation to money received before the…

Section 1589 — Paying money out of administration account

Section 65-25 of the Insolvency Practice Schedule (Corporations) does not apply in relation to money paid out of an administration account before the commencement day.

Section 1590 — Handling securities

Application of the Insolvency Practice Schedule (Corporations) (1) Section 65-40 of the Insolvency Practice Schedule (Corporations) does not apply in relation to negotiable instruments and other…

Section 1591 — Application of Division 70 of the Insolvency Practice Schedule (Corporations)—general rule

Division 70 of the Insolvency Practice Schedule (Corporations) applies in relation to an ongoing external administration of a company.

Section 1592 — Accounts and administration returns

Administration returns for 2017-18 and later years (1) Sections 70-5 and 70-6 of the Insolvency Practice Schedule (Corporations) apply in relation to the financial year starting on 1 July 2017 and…

Section 1593 — Administration books

Application of the Insolvency Practice Schedule (Corporations) (1) Section 70-10 of the Insolvency Practice Schedule (Corporations) does not apply in relation to events: (a) that occur before the…

Section 1594 — Audit of administration books

Sections 70-15 to 70-25 of the Insolvency Practice Schedule (Corporations) apply to books relating to an ongoing external administration whether or not the books are kept under a provision of the old…

Section 1595 — Transfer of administration books

Application of the Insolvency Practice Schedule (Corporations) (1) Sections 70-30 and 70-31 of the Insolvency Practice Schedule (Corporations) apply in relation to a person who ceases to be the…

Section 1596 — Retention and destruction of administration books

Application of the Insolvency Practice Schedule (Corporations) (1) To avoid doubt, section 70-35 of the Insolvency Practice Schedule (Corporations) applies to books relating to an ongoing external…

Section 1597 — Giving information to creditors etc.

Subdivision D of Division 70 of the Insolvency Practice Schedule (Corporations) applies whether or not the information, report or document referred to in subsection 70-40(1), 70-45(1), 70-46(2),…

Section 1598 — Commonwealth may request information

Section 70-55 of the Insolvency Practice Schedule (Corporations) applies whether or not the information, report or document referred to in subsection 70-55(2): (a) was obtained or generated; or (b)…

Section 1599 — Reporting to ASIC

Section 70-60 of the Insolvency Practice Schedule (Corporations) applies whether or not the information, report or document referred to in subsection 70-60(1): (a) was obtained or generated; or (b)…

Section 1600 — Old Act continues to apply in relation to notices to remedy default

Despite its repeal by Schedule 2 to the Insolvency Law Reform Act 2016, section 540 of the old Act continues to apply in relation to a notice mentioned in that section that is served on a person…

Section 1601 — Application of Division 75 of the Insolvency Practice Schedule (Corporations)—general rule

(1) Division 75 of the Insolvency Practice Schedule (Corporations) applies in relation to an ongoing external administration of a company. (2) However, Division 75 of the Insolvency Practice Schedule…

Section 1602 — External administrator must convene meetings in certain circumstances

Application of the Insolvency Practice Schedule (Corporations) (1) Section 75-15 of the Insolvency Practice Schedule (Corporations) does not apply in relation to: (a) directions given before the…

Section 1603 — Old Act continues to apply in relation to reporting for first year of administration

(1) This section applies if, in relation to a company, a year mentioned in subsection 508(1) of the old Act starts before the commencement day but ends after that day. (2) Despite its repeal by…

Section 1604 — Old Act continues to apply to the deregistration of companies

The repeal and substitution of section 509 by Schedule 2 to the Insolvency Law Reform Act 2016 applies where the external administration of the company ends during a financial year starting on or…

Section 1605 — Old Act continues to apply for certain meetings convened etc. before commencement day

(1) If: (a) the administrator of a company under external administration is required to convene a meeting of the company’s creditors under section 439A of the old Act; and (b) the convening period…

Section 1606 — Outcome of voting at creditors’ meeting determined by related entity or on casting vote—Court powers

Sections 75-41 to 75-45 of the Insolvency Practice Schedule (Corporations) apply whether a proposal has been voted on or a resolution passed before, on or after the commencement day.

Section 1607 — Application of Division 80 of the Insolvency Practice Schedule (Corporations)—general rules

(1) Division 80 of the Insolvency Practice Schedule (Corporations) applies in relation to a committee of inspection for an ongoing external administration of a company: (a) that is appointed under…

Section 1608 — Appointing committees of inspection

Committees appointed under old Act taken to be committee of inspection (1) Subsection (2) applies if there is, in relation to the external administration of a company: (a) a committee of creditors…

Section 1609 — Old Act continues to apply to certain reports by administrator

If, before the commencement day, the administrator of a company under administration is directed under subsection 436F(3) of the old Act to give a report, then despite the repeal of section 436F by…

Section 1610 — Membership of continued committees

Members of continued committees (1) The members of a continued committee are the members appointed to the committee under section 436E (in accordance with section 436G), 548 or 548A of the old Act,…

Section 1611 — Validity of appointment under section 548 of the old Act not affected by lack of separate meeting of contributories

(1) The appointment of a committee of inspection under section 548 of the old Act before the commencement day is not invalid merely because a separate meeting of contributories was not convened for…

Section 1612 — Continued application of directions by creditors or committees under the old Act

Sections 80-35 and 85-5 of the Insolvency Practice Schedule (Corporations) apply whether or not the direction is given before, on or after the commencement day.

Section 1613 — Committee of inspection may request information

Section 80-40 of the Insolvency Practice Schedule (Corporations) applies whether or not the information, report or document referred to in subsection 80-40(1): (a) was obtained or generated; or (b)…

Section 1614 — Duties of members of committee of inspection and creditors relating to profits and advantages etc.

Sections 80-55 and 80-60 of the Insolvency Practice Schedule (Corporations) apply to arrangements made on or after the commencement day.

Section 1615 — Application of Division 90 of the Insolvency Practice Schedule (Corporations)—general rule

Division 90 of the Insolvency Practice Schedule (Corporations) applies in relation to an ongoing external administration whether or not the matter to be reviewed occurred before, on or after the…

Section 1616 — Application of the Insolvency Practice Schedule (Corporations) provisions that conflict with old Act Court orders—general rule

(1) This section applies if a court makes an order in relation to a person or the external administration of a company under the old Act (the old Act order). (2) The old Act order does not cease to…

Section 1617 — Old Act continues to apply in relation to ongoing proceedings before a court—general rule

(1) This section applies if proceedings are brought under the old Act in a court (on application or on the initiative of the court) in relation to the external administration of a company either: (a)…

Section 1618 — Court powers to inquire into and make orders

Application of the Insolvency Practice Schedule (Corporations) (1) Subsections (2) to (4) are for the avoidance of doubt. (2) Sections 90-5 and 90-10 of the Insolvency Practice Schedule…

Section 1619 — Review by another registered liquidator

(1) The following subsections are for the avoidance of doubt. (2) Sections 90-24 and 90-26 of the Insolvency Practice Schedule (Corporations) apply whether or not: (a) the remuneration is paid or…

Section 1620 — Removal by creditors

For the avoidance of doubt, section 90-35 of the Insolvency Practice Schedule (Corporations) applies whether or not the external administrator was appointed before, on or after the commencement day.

Section 1621 — Administrative Appeals Tribunal or Administrative Review Tribunal proceedings

(1) This section applies if an application is made to the Administrative Appeals Tribunal or Administrative Review Tribunal for review of a decision made under the old Act either: (a) before the…

Section 1622 — Outcome of voting at creditors’ meeting determined by related entity or on casting vote—Court powers

Sections 415A to 415C, as inserted by the Insolvency Law Reform Act 2016, apply whether a proposed resolution has been voted on before, on or after the commencement day.

Section 1623 — Returns and accounts by controllers

Returns by controllers for 2017-18 and later years (1) Sections 422A and 422B, as inserted by Schedule 2 to the Insolvency Law Reform Act 2016, apply in relation to the financial year starting on 1…

Section 1624 — Transfer of books by a controller to a new controller or ASIC

Sections 422C and 422D, as inserted by Schedule 2 to the Insolvency Law Reform Act 2016, apply in relation to a person who ceases to act as a controller of property of a corporation on or after the…

Section 1625 — Officers reporting to controller about corporation’s affairs

The amendment of paragraph 429(2)(b) by Schedule 2 to the Insolvency Law Reform Act 2016 applies in relation to notices received on or after the commencement day.

Section 1626 — Lodging notice of execution of a deed of company arrangement

The amendment of paragraph 450B(c), and substitution with paragraph 450B(b), by Schedule 2 to the Insolvency Law Reform Act 2016 applies in relation to deeds of company arrangement executed on or…

Section 1627 — Office of liquidator appointed by the Court

Vacancies in office of liquidator appointed by the Court (1) Despite the repeal of section 473 of the old Act by Schedule 2 to the Insolvency Law Reform Act 2016, that section continues to apply in…

Section 1628 — Report as to company’s affairs to be submitted to liquidator

(1) The amendments of section 475 by Schedule 2 to the Insolvency Law Reform Act 2016 apply where a winding up order is made on or after the commencement day. (2) The repeal of section 476 of the old…

Section 1629 — Orders for release or deregistration

Despite the amendment of paragraph 481(1)(a) by Schedule 2 to the Insolvency Law Reform Act 2016, that paragraph continues to apply in relation to auditors appointed by ASIC under section 539 of the…

Section 1630 — Meeting relating to the voluntary winding up of a company

The repeal and substitution of section 506A by Schedule 2 to the Insolvency Law Reform Act 2016 applies where the resolution for the voluntary winding up of a company is passed on or after the…

Section 1631 — Pooling determinations

(1) The repeal of sections 574 to 576 of the old Act by Schedule 2 to the Insolvency Law Reform Act 2016 apply where a pooling determination is made or varied on or after the commencement day. (2)…

Section 1632 — Electronic methods of giving or sending certain notices

(1) If: (a) a notice or other document was authorised or required to be given or sent under a provision of the old Act mentioned in a paragraph of subsection 600G(1) that is repealed by Schedule 2 to…