Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 843B

Exceptions

  (1)   Subsection   843A(1), (2) or (7) does not apply to enforcing a right against a body corporate if the right is:

  (a)   a right under an arrangement entered into after the body corporate comes under statutory management; or

  (b)   a right contained in a kind of arrangement:

  (i)   prescribed by the regulations for the purposes of this subparagraph; or

  (ii)   declared under paragraph   (2)(a) of this section; or

  (c)   a right of a kind:

  (i)   prescribed by the regulations for the purposes of this subparagraph; or

  (ii)   declared under paragraph   (2)(b); or

  (d)   a right of a kind declared under paragraph   (2)(c), and the circumstances specified in that declaration exist.

  (2)   For the purposes of subsection   (1), the Minister may, by legislative instrument:

  (a)   declare kinds of arrangements referred to in a specified law of the Commonwealth; or

  (b)   declare kinds of rights to which subsection   843A(1), (2) or (7) does not apply; or

  (c)   declare kinds of rights to which subsection   843A(1), (2) or (7) does not apply in specified circumstances.

  (3)   Subsection   843A(1), (2) or (7) does not apply to enforcing a right to the extent that the Reserve Bank consents in writing to the enforcement of the right.

  (4)   Subsection   843A(7) does not apply to enforcing a right against a body corporate to the extent that a liquidator of the body corporate, appointed after the end of the stay period, consents in writing to the enforcement of the right.



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