Australian Capital Territory Numbered Regulations

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SUPREME COURT RULES (AMENDMENT) (NO. 35 OF 1993) - REG 63

63. After rule 98 of Order 75B of the Principal Rules the following rules are inserted:

Leave to manage a corporation where a person is subject to a civil penalty disqualification—section 1317 EF

“98A. (1) This rule applies to an application under section 1317EF by a person who is subject to a civil penalty disqualification for leave to manage a corporation.

“(2) The evidence in support of the application shall include an affidavit made not earlier than 7 days before the application is filed, setting out the material facts to be relied on by the applicant in support of the application.

“(3) As soon as practicable after filing the application and the affidavit in support, and in any event not later than 14 days after the date of filing, the applicant shall serve a copy of the application and the affidavit on—

        (a)     the corporation concerned; and

        (b)     the Commission.

Relief from liability for contravention of civil penalty provisions—section 1317 JA

“98B. (1) An application under section 1317JA for relief from liability for a contravention of a civil penalty provision shall be accompanied by an affidavit setting out any material facts relied on by the applicant in support of the application.

“(2) As soon as practicable after filing an application and the affidavit in support, and in any event not later than 14 days after the date of filing, the applicant shall serve a copy of the application and the affidavit on—

        (a)     the corporation concerned; and

        (b)     the Commission.”.

Appeals from decisions of administrator, receiver, official manager, liquidator etc.—section 1321



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