Insurance Act 1973

The directors of a body corporate cease to hold office when an Insurance Act statutory manager takes control of the body corporate’s business.

For the definition of director, see subsection (10).

A director of a body corporate must not be appointed or elected while an Insurance Act statutory manager is in control of the body corporate’s business unless the appointment is made under subsection 62ZOC(2).

The appointment of an agent of a body corporate under section 118 ceases to have effect when an Insurance Act statutory manager takes control of the body corporate’s business.

A person must not be appointed as an agent of a body corporate under section 118 while an Insurance Act statutory manager is in control of the body corporate’s business unless the appointment is made under subsection 62ZOC(2).

If a person who ceased to hold office as a director of a body corporate under subsection (1), or a purported director of a body corporate appointed or elected in contravention of subsection (2), purports to act in relation to the body corporate’s business while an Insurance Act statutory manager has control of the body corporate’s business, those acts are invalid and of no effect.

If a person whose appointment as an agent of a body corporate under section 118 ceased to have effect under subsection (3) purports to act in relation to the body corporate’s business while an Insurance Act statutory manager has control of the body corporate’s business, those acts are invalid and of no effect.

Subsections (1), (2) and (5) do not apply in relation to a body corporate that is a foreign general insurer.

Subsection (9) applies if:

subsections (1), (2) and (5) do not apply in relation to a body corporate because of subsection (7); and

an Insurance Act statutory manager takes control of the body corporate’s business; and

a director of the body corporate acts, or purports to act in relation to the body corporate’s business while the Insurance Act statutory manager has control of the body corporate’s business.

Those acts are invalid and of no effect to the extent that they relate to:

the Australian business assets and liabilities of the body corporate; or

the management of the body corporate, to the extent that the management relates to the Australian business assets and liabilities of the body corporate.

For the purposes of this section, director has the same meaning as it has in the Corporations Act 2001.