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CORPORATIONS ACT 2001 - SECT 597A

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.


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