CORPORATIONS ACT 2001
Provisions applying to various kinds of external administration
SECTION 600F LIMITATION ON RIGHT OF SUPPLIERS OF ESSENTIAL SERVICES TO INSIST ON PAYMENT AS CONDITION OF SUPPLY
Supply of essential service requested]
(a) a relevant authority of an eligible company requests, or authorises someone else to request, a person or authority (
) to supply an essential service to the company in Australia; and
(b) the company owes an amount to the supplier in respect of the supply of the essential service before the effective day;
the supplier must not:
(c) refuse to comply with the request for the reason only that the amount is owing; or
(d) make it a condition of the supply of the essential service pursuant to the request that the amount is to be paid.
In this section:
effective day , in relation to a relevant authority of an eligible company, means the day when the relevant authority became a relevant authority of the company, even if that day began before this Act commenced.
eligible company means a company:
(a) that is being wound up; or
(b) a provisional liquidator of which is acting; or
(c) that is under administration; or
(d) that has executed a deed of company arrangement that has not yet terminated; or
(e) a receiver, or receiver and manager, of property of which is acting.
essential service means:
(a) electricity; or
(b) gas; or
(c) water; or
(d) a carriage service (within the meaning of the
Telecommunications Act 1997
relevant authority , in relation to an eligible company, means:
(a) the liquidator; or
(b) the provisional liquidator; or
(c) the administrator of the company; or
(d) the administrator of the deed of company arrangement; or
(e) the receiver, or receiver and manager;
as the case requires.