27Financial viability requirement

27 Financial viability requirement

For the purposes of paragraph 130(2)(b) of the Act, the matters that the Minister may have regard to for the purposes of determining whether a person satisfies the requirement in subsection 75(4), 84(4) or 92(4) of the Act are: (a) whether the person is a body corporate that is being wound up; and (b) whether the affairs of the person are under any form of external control (for example, the control of a manager) under a law of the Commonwealth, a State or a Territory; and (c) whether the Minister considers that the liabilities of the person are greater than the person’s assets; and (d) whether the Minister considers that the person is (and is likely to continue for a substantial period to be) unable to pay the person’s debts as and when they fall due for payment; and (e) whether an audit conducted in accordance with a law of the Commonwealth, a State or a Territory: (i) is expressed to be qualified; or (ii) expresses concern about the financial viability of the person.