James Hardie Former Subsidiaries (Winding up and Administration) Act 2005
25SPF trustee to provide management services
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25 SPF trustee to provide management services
25 SPF trustee to provide management services
(1) Without limiting section 24, the SPF trustee may, by written order served on a liable entity, direct the entity—
(a) to utilise such services provided by the SPF trustee in respect of the management of claims made against the entity (including acting as a single claims manager in relation to the management of such claims) as may be specified in the order, or
(b) to utilise such services provided by any other person specified in the order in respect of the management of claims made against the entity as may be specified in the order.
(2) Without limiting subsection (1), the SPF trustee may provide such other services to a liable entity in connection with the winding up of the entity under this Part as may be agreed by the SPF trustee and the liable entity from time to time.
(3) A liable entity is required and authorised to comply with any direction given to it in an order made under subsection (1) that is served on it.
(4) The following are specifically authorised by this Act for the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales—
(a) a direction of the SPF trustee given under subsection (1),
(b) any conduct required by or under such a direction,
(c) the entering or making of a contract, agreement, arrangement or understanding as the result of such a direction,
(d) any conduct authorised or required by or under the terms or conditions of any such contract, agreement, arrangement or understanding.
(5) Things authorised to be done by subsection (4) are authorised only to the extent (if any) that they would otherwise contravene Part IV of the Competition and Consumer Act 2010 of the Commonwealth or the Competition Code of New South Wales.
s 25: Am 2018 No 68, Sch 2.18.