Section 239ADJ — Companies Act 1993: Administrator not liable for rental if non-use notice in force

239ADJ Administrator not liable for rental if non-use notice in force (1) The administrator is not liable under section 239ADI for any period for which a non-use notice is in force. (2) In this section, non-use notice means, in relation to the property to which it refers, a notice that— (a) is given by the administrator to the owner or the lessor of the property within 7 days after the administration begins; and (b) specifies the property to which it relates; and (c) states that the company does not propose to use the property or otherwise exercise any rights in relation to it. (3) A non-use notice ceases to have effect if— (a) the administrator revokes it by written notice to the owner or lessor; or (b) the company exercises, or purports to exercise, a right in relation to the property. (4) In subsection (3)(b), the company does not exercise, or purport to exercise, a right in relation to the property merely because the company continues to occupy, or to be in possession of, the property, unless the company— (a) also uses the property; or (b) asserts a right, as against the owner or the lessor, to continue to occupy or be in possession. (5) A non-use notice does not affect the company's liability for rent and other payments. Compare: Corporations Act 2001 (Australia) s 443B(3)–(6) Section 239ADJ: inserted, on 1 November 2007, by section 6 of the Companies Amendment Act 2006 (2006 No 56).