Corporations Act 2001

ASIC may order the winding up of a company if:

the response to a return of particulars given to the company is at least 6 months late; and

the company has not lodged any other documents under this Act in the last 18 months; and

ASIC has reason to believe that the company is not carrying on business; and

ASIC has reason to believe that making the order is in the public interest.

ASIC may order the winding up of a company if the company’s review fee in respect of a review date has not been paid in full at least 12 months after the due date for payment.

ASIC may order the winding up of a company if:

ASIC has reinstated the registration of the company under subsection 601AH(1) in the last 6 months; and

ASIC has reason to believe that making the order is in the public interest.

ASIC may order the winding up of a company if:

ASIC has reason to believe that the company is not carrying on business; and

at least 20 business days before making the order, ASIC gives to:

the company; and

each director of the company;

stating ASIC’s intention to make the order; and

informing the company or the director, as the case may be, that the company or the director may, within 10 business days after the receipt of the notice, give ASIC a written objection to the making of the order; and

neither the company, nor any of its directors, has given ASIC such an objection within the time limit specified in the notice.

Paragraphs (4)(b) and (c) do not apply to a person if ASIC does not have the necessary information about the person’s identity or address.

Before making an order under subsection (1), (2), (3) or (4), ASIC must:

give notice of its intention to make the order on ASIC database; and

both:

publish notice of its intention to make the order; and

do so in the prescribed manner.

ASIC must not order the winding up of a company under subsection (1), (2), (3) or (4) if an application is before the Court for the winding up of the company.

Paragraph (b) of the definition of director in section 9 does not apply to subsection (4) of this section.

To avoid doubt, subsections (1), (2), (3) and (4):

have effect independently of each other; and

do not limit each other.