NSWIn ForceAct
James Hardie Former Subsidiaries (Winding up and Administration) Act 2005
40Minister may exercise SPF trustee’s functions under the Division
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#### 40 Minister may exercise SPF trustee’s functions under the Division
40 Minister may exercise SPF trustee’s functions under the Division
> > (1) The Minister may, at the Minister’s discretion, at any time exercise any function conferred on the SPF trustee under section 37, 38 or 39.
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> > (2) For the purposes of subsection (1), sections 37, 38 and 39 apply as if references to the SPF trustee included references to the Minister.
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> > (3) The Minister must, as soon as reasonably practicable after exercising any function conferred on the SPF trustee under section 37, 38 or 39, give the SPF trustee written notice of the exercise of the function.
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> > (4) In the event that a person cannot comply with both a requirement of the SPF trustee made under section 37, 38 or 39 and a requirement of the Minister, the only requirement with which the person must comply is the requirement of the Minister.