Clause 196

Where a company or foreign company has been declared to be a company to which this Part applies, the Minister shall appoint one or more inspectors to investigate the affairs of that company, and to report his opinion thereon to the Minister.[Aust.s. 173.]

The expenses of and incidental to an investigation of a declared company shall be defrayed in the first instance out of monies provided by Parliament.

Where the Minister is of the opinion that the whole or any part of the expenses of and incidental to the investigation should be paid by the company or by any person who requested the appointment of the inspector the Minister may by notice published in the Gazette direct that the expenses be so paid.

A notice under subsection (3) of this section may specify the time or times and the manner in which the payment of the expenses shall be made.

Where a notice has been published by the Minister under subsection (4) of this section the persons named in the notice to the extent therein specified shall be liable to reimburse the Minister in respect of such expenses.

Action to recover any such expenses may be taken in the name of the Government in any court of competent jurisdiction.

Where a notice under subsection (3) has been published for the payment of the whole or part of the expenses by a company and the company is in liquidation or subsequently goes into liquidation the expenses so ordered to be paid by the company shall be deemed to be part of the costs and expenses of the winding up for the purposes of paragraph (a) of subsection (1) of section 292.

The report of the inspector may if he thinks fit, and shall, if the Minister so directs, include a recommendation as to the terms of the notice which he thinks proper in the light of his investigation to be given by the Minister under subsection (3) of this section.