Corporations Act 2001

As soon as practicable after the Court orders that a company be wound up or appoints a provisional liquidator of a company, or a company resolves that it be wound up, each officer of the company must:

deliver to the liquidator appointed for the purposes of the winding up, or to the provisional liquidator, as the case may be, all books in the officer’s possession that relate to the company, other than books possession of which the officer is entitled, as against the company and the liquidator or provisional liquidator, to retain; and

if the officer knows where other books relating to the company are—tell the liquidator or provisional liquidator where those books are.

Where a company is being wound up, or a provisional liquidator of a company is acting, an officer of the company must:

attend on the liquidator or provisional liquidator at such times; and

give the liquidator or provisional liquidator such information about the company’s business, property, affairs and financial circumstances; and

attend such meetings of the company’s creditors or members;

An officer of a company that is being wound up must do whatever the liquidator reasonably requires the officer to do to help in the winding up.

An officer of a company must do whatever a provisional liquidator of the company reasonably requires the officer to do to help in the performance or exercise of any of the provisional liquidator’s functions and powers.

The liquidator or provisional liquidator of a company may require an officer of the company:

to tell the liquidator the officer’s residential address and work or business address; or

to keep the liquidator informed of any change in either of those addresses that happens during the winding up.

A person must not fail to comply with subsection (1), (2), (3) or (4), or with a requirement under subsection (5).

An offence based on subsection (6) is an offence of strict liability.

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

Subsection (6) does not apply to the extent that the person has a reasonable excuse.

A defendant bears an evidential burden in relation to the matter in subsection (6B), see subsection 13.3(3) of the Criminal Code.

For the purposes of this section, officer includes a former officer.

Nothing in this section limits the generality of anything else in it.