Corporations Act 2001

A person is not entitled, as against the liquidator of a company:

to retain possession of books of the company; or

to claim or enforce a lien on such books;

Paragraph (1)(a) does not apply in relation to books of which a secured creditor of the company is entitled to possession otherwise than because of a lien, but the liquidator is entitled to inspect, and make copies of, such books at any reasonable time.

A person must not engage in conduct that results in the hindering or obstruction of a liquidator of a company in obtaining possession of books of the company.

Subsection (3) does not apply if the person is entitled, as against the company and the liquidator, to retain possession of the books.

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

The liquidator of a company may give to a person a written notice requiring the person to deliver to the liquidator, as specified in the notice, books so specified that are in the person’s possession.

A notice under subsection (4) must specify a period of at least 3 days as the period within which the notice must be complied with.

A person must comply with a notice under subsection (4).

Subsection (6) does not apply to the extent that the person is entitled, as against the company and the liquidator, to retain possession of the books.

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

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

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

In this section: