reporting officer, in relation to a corporation in respect of
property of which a person is controller, means a person who was:
- (a)
- in the case of a
company or registered Australian corporationa director or secretary of
the company or registered Australian corporation; or
- (b)
- in the case of a foreign companya local agent of the
foreign company;
on the control day.
- (2)
- Where a person
becomes a controller of property of a corporation:
- (a)
- the person shall serve on the corporation as
soon as practicable notice that the person is a controller of property of the
corporation;
- (b)
- within 14 days after the corporation receives the notice, the
reporting officers shall make out and submit to the person a report in the
prescribed form about the affairs of the corporation as at the control day;
and
- (c)
- the person shall, within one month after receipt of the report:
- (i)
- lodge a
copy of the report and a notice setting out any comments the person sees fit
to make relating to the report or, if the person does not see fit to make any
comment, a notice stating that the person does not see fit to make any
comment;
- (ii)
- send to the corporation a copy of the notice lodged in
accordance with subparagraph (i); and
- (iii)
- if the person became a controller of the property:
(A) because of an appointment as receiver of the property
that was made by or on behalf of the holder of debentures of the corporation;
or
(B) by entering into possession, or taking control, of the
property for the purpose of enforcing a charge securing
such debentures;
and there are trustees for the holders of those debenturessend to those
trustees a copy of the report and a copy of the notice lodged under
subparagraph (i).
- (3)
- Where notice has been served on a
corporation under paragraph (2)(a), the reporting officers may apply to the
controller or to the Court to extend the period within which the report is to
be submitted and:
- (a)
- if application is made to the controllerif the controller
believes that there are special reasons for so doing, the controller may, by
notice in writing given to the reporting officers, extend that period until a
specified day; and
- (b)
- if application is made to the Courtif the Court believes
that there are special reasons for so doing, the Court may, by order, extend
that period until a specified day.
- (4)
- As soon as practicable after granting an
extension under paragraph (3)(a), the controller shall lodge a copy of the
notice.
- (5)
- As soon as practicable after the Court grants an extension under
paragraph (3)(b), the reporting officers shall lodge a copy of the
order.
- (6)
- Subsections (2), (3) and (4) do not apply in a case where a
person becomes a controller of property of a corporation:
- (a)
- to act with an existing controller
of property of the corporation; or
- (b)
- in place of a controller of such property who has died or ceased
to be a controller of such property.
- (6A)
- However, if subsection (2) applies in a
case where a controller of property of a corporation dies, or ceases to be a
controller of property of the corporation, before subsection (2) is fully
complied with, then:
- (a)
- the references in paragraphs (2)(b) and (c) to the person;
and
- (b)
- the references in subsections (3) and (4) to the controller;
include references to the controller's successor and to any
continuing controller.
- (7)
- Where a corporation is
being wound up, this section (including subsection (6A)) and section 430 apply
even if the controller and the liquidator are the same person, but with any
necessary modifications arising from that fact.
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