CORPORATIONS ACT 2001
|CHAPTER 5 - EXTERNAL ADMINISTRATION
|Division 3 - 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
600F(1) [Supply of essential service requested]
(a) a relevant authority of an eligible company requests, or authorises someone else to request, a person or authority (the supplier) 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.