Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 595

Inducement to be appointed liquidator etc. of company

  (1)   A person must not give, or agree or offer to give, to another person any valuable consideration with a view to securing the first - mentioned person's own appointment or nomination, or to securing or preventing the appointment or nomination of a third person, as:

  (a)   a liquidator or provisional liquidator of a company; or

  (b)   an administrator of a company; or

  (c)   an administrator of a deed of company arrangement executed, or to be executed, by a company; or

  (ca)   a restructuring practitioner for a company; or

  (cb)   a restructuring practitioner for a restructuring plan made, or to be made, by a company; or

  (d)   a receiver, or a receiver and manager, of property of a company; or

  (e)   a trustee or other person to administer a compromise or arrangement made between a company and any other person or persons.

  (2)   An offence based on subsection   (1) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .


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