Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMPANIES ACT 1981 No. 89 of 1981 - SECT 297

Officer failing to comply with requirement of this Part

297. (1) Where an inspector appointed to investigate affairs of a corporation
is satisfied that an officer of a corporation has, without reasonable excuse,
failed to comply with a requirement of the inspector made under section 295,
the inspector may, by writing signed by him, certify the failure to the Court.

(2) Where an inspector gives a certificate under sub-section (1), the Court
may inquire into the case and-

   (a)  order the officer to comply with the requirement of the inspector
        within such period as is fixed by the Court; or

   (b)  if the Court is satisfied that the officer failed, without reasonable
        excuse, to comply with the requirement of the inspector, punish him in
        like manner as if he had been guilty of contempt of the Court and, if
        it sees fit, also make an order pursuant to paragraph (a).

(3) The powers of the Court under this section may be exercised in relation to
a person notwithstanding that the person has been convicted of an offence in
relation to the matter in respect of which the powers are to be exercised. 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback