with property or books, in order to avoid obligations in connection with
winding up (1) The Court may issue a warrant for a person to be arrested and
brought before the Court if:
- (a)
- a company is being wound up in insolvency
or by the Court, or an application has been made for a company to be so wound
up; and
- (b)
- the Court is satisfied that the person:
- (i)
- is about to leave this jurisdiction, or Australia, in order to avoid:
(A) paying money payable to the company; or
(B) being examined about the company's affairs; or
(C) complying with an order of the Court, or some other
obligation, under this Chapter in connection with the
winding up; or
- (ii)
- has concealed or removed property
of the company in order to prevent or delay the taking of
the property into the liquidator's custody or control; or
- (iii)
- has destroyed, concealed or removed books of the company or is about to
do so.
(2) A warrant under subsection (1) may also provide for property or books
of the company in the person's possession to be seized and delivered into the
custody of a specified person.
(3) A warrant under subsection (1) may only be issued on the application
of:
- (a)
- a liquidator or provisional liquidator of the company; or
- (b)
- ASIC.