Section 454D — Corporations Act 2001 (Cth)

(1) This section applies if, before the beginning of the restructuring of a company, a secured party, receiver or other person:

(a) entered into possession, or assumed control, of property of the company; or

(b) entered into an agreement to sell such property; or

(c) made arrangements for such property to be offered for sale by public auction; or

(d) publicly invited tenders for the purchase of such property; or

(e) exercised any other power in relation to such property;

for the purpose of enforcing a security interest in that property.

(2) Nothing in section 453K, 453R, 453T, 453U or 454N, or in an order made under subsection 454P(1), prevents the secured party, receiver or other person from enforcing the security interest in relation to that property.

Related sections

• s 454A — Application of Subdivision
• s 454B — Application of sections 454C to 454H—PPSA security interests
• s 454C — Secured party acts before or during decision period
• s 454E — Security interest in perishable property
• s 454F — Court may limit powers of secured party etc. in relation to secured property
• s 454G — Giving a notice under a security agreement etc.

Research how courts apply s 454D

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