Section 453F — Corporations Act 2001 (Cth)

(1) A director of a company under restructuring must:

(a) attend on the restructuring practitioner; and

(b) give the restructuring practitioner information about the company’s business, property, affairs and financial circumstances; and

(c) allow the restructuring practitioner to inspect and take copies of the company’s books;

at the times and in the manner reasonably required by the restructuring practitioner.

(2) A person must not fail to comply with subsection (1).

Penalty: 120 penalty units.

(3) An offence based on subsection (1) is an offence of strict liability.

(4) Subsection (3) does not apply to the extent that the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4), see subsection 13.3(3) of the Criminal Code.

Related sections

• s 453C — Eligibility criteria for restructuring
• s 453D — Declaration by restructuring practitioner—relevant relationships
• s 453E — Functions, duties and powers of the restructuring practitioner
• s 453G — Restructuring practitioner’s right to inspect books held by other persons
• s 453H — Restructuring practitioner acts as company’s agent
• s 453J — Restructuring practitioner may terminate restructuring

Research how courts apply s 453F

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.