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COMMONWEALTHAct
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s 103K

Recapitalisation direction not grounds for denial of obligations

In force
Part IXDirections
Division 1Recapitalisation directions

103K Recapitalisation direction not grounds for denial of obligations

(1)

This section applies if a body corporate is party to a contract, whether the proper law of the contract is:

(a)

Australian law (including the law of a State or Territory); or

(b)

law of a foreign country (including the law of part of a foreign country).

(2)

None of the matters mentioned in subsection (3) allows the contract, or a party to the contract (other than the body corporate), to do any of the following:

(a)

deny any obligations under the contract;

(b)

accelerate any debt under the contract;

(c)

close out any transaction relating to the contract;

(d)

enforce any security under the contract.

(3)

The matters are as follows:

(a)

the body corporate being subject to a recapitalisation direction;

(b)

if the body corporate is a member of a relevant group of bodies corporate—another member of the group being subject to a recapitalisation direction.

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