Corporations Act 2001

A company under administration must set out, in every public document, and in every negotiable instrument, of the company, after the company’s name where it first appears, the expression (“administrator appointed”).

Except with the leave of the Court, until a deed of company arrangement terminates, the company must set out, in every public document, and in every negotiable instrument, of the company, after the company’s name where it first appears, the expression (“subject to deed of company arrangement”).

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

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

The Court may only grant leave under subsection (2) on the application of:

the administrator of the deed of company arrangement; or

any interested person.

The Court may only grant leave under subsection (2) if it is satisfied that the granting of leave will not result in any significant risk to the interests of the company’s creditors (including contingent or prospective creditors) as a whole.