Footnotes

Chapter 1 - Introduction and background

[1]        The bill and Corporations and Australian Securities and Investments Commission Amendment Regulations 2007 were accompanied by detailed Explanatory Statements which are available on Treasury's website at: http://www.treasury.gov.au/documents/1186/PDF/ES_to_the_Bill.pdf

[2]        CAMAC, Corporate Voluntary Administration, 1998; CAMAC, Corporate Groups, 2000; CAMAC, Rehabilitation of Large and Complex Enterprises, 2004

[3]        Parliamentary Joint Committee on Corporations and Financial Services, Corporate Insolvency Laws: a Stocktake, June 2004

[4]        Mr Geoffrey Miller, General Manager, Corporations and Financial Services Division, Markets group, The Treasury, Committee Hansard, 5 March 2007, pp.6-7

[5]        Corporate Insolvency Reform, The Treasury, 12 October 2005

[6]        'Pearce announces most substantial  insolvency reforms in almost 20 years', Press Release, 16 November 2006

[7]        Parliamentary Joint Committee on Corporations and Financial Services, Corporate Insolvency Laws: a Stocktake, June 2004, p.xix

Chapter 2 - Issues raised in evidence

[1]        Parliamentary Joint Committee on Corporations and Financial Services, Corporate Insolvency Laws: a Stocktake, June 2004, p.63

[2]        ibid.

[3]        The Treasury, Submission 10, p.5

[4]        ibid.

[5]        Law Council of Australia, Submission 13, p.1

[6]        Committee Hansard, 5 March 2007, p.30

[7]        Insolvency Practitioners of Australia, Submission 3, p.2

[8]        The Institute of Chartered Accountants in Australia and CPA Australia, Submission 12, p.3

[9]        Mr John Melluish, National President, Insolvency Practitioners Association of Australia, Committee Hansard, 5 March 2007, pp.37-38

[10]      Mr John Purcell, Policy Advisor, CPA Australia, Committee Hansard, 5 March 2007, p.28

[11]      Parliamentary Joint Committee on Corporations and Financial Services, Corporate Insolvency Laws: a Stocktake, June 2004, p.215

[12]      Mr Matthew Brine, Manager, Government and Insolvency Unit, Corporations and Financial Services Division, Markets Group, The Treasury, Committee Hansard, 5 March 2007, p.9

[13]      The Institute of Chartered Accountants in Australia and CPA Australia, Submission 12, p.7

[14]      Mr David Proudman, National Chair, Insolvency and Reconstruction Committee, Business Law Section, Law Council of Australia, Committee Hansard, 5 March 2007, p.52

[15]      Mrs Kim Arnold, Technical Director, Insolvency Practitioners Association of Australia, Committee Hansard, 5 March 2007, p.38

[16]      Mr Matthew Brine, Manager, Government and Insolvency Unit, Corporations and Financial Services Division, Markets Group, The Treasury, Committee Hansard, 5 March 2007, p.8

[17]      Insolvency Practitioners Association of Australia, Submission  3, p.4

[18]      Parliamentary Joint Committee on Corporations and Financial Services, Corporate Insolvency Laws: a Stocktake, June 2004, p.40

[19]      The Treasury, Submission 10, p.2

[20]      The Institute of Chartered Accountants in Australia and CPA Australia, Submission 12, p.1

[21]      Parliamentary Joint Committee on Corporations and Financial Services, Corporate Insolvency Laws: a Stocktake, June 2004, p.55

[22]      Mrs Kim Arnold, Technical Director, Insolvency Practitioners Association of Australia, Committee Hansard, 5 March 2007, p.43

[23]      Institute of Insolvency Practitioners Association of Australia, Submission to Treasury, Exposure Draft, Corporations Amendment (Insolvency) Bill 2007, paragraph 21.4

[24]      The Treasury, Submission 10, p.12

[25]      Mr John Melluish, Insolvency Practitioners Association of Australia, Committee Hansard, 5 March 2007, p.43

[26]      Mrs Kim Arnold, Technical Director, Insolvency Practitioners Association of Australia, Committee Hansard, 5 March 2007, p.43

[27]      Mr John Proudman, National Chair, Insolvency and Reconstruction Committee, Business Law Section, Law Council of Australia, Committee Hansard, 5 March 2007, p.56

[28]      Parliamentary Joint Committee on Corporations and Financial Services, Corporate Insolvency Laws: a Stocktake, June 2004, p.55

[29]      The Government's position is supported by Chartered Secretaries Australia, Submission 4, p.2

[30]      Mr Matthew Brine, Manager, Government and Insolvency Unit, Corporations and Financial Services Division, Markets Group, The Treasury, Committee Hansard, 5 March 2007, p.9

[31]      Mr David Proudman, National Chair, Insolvency and Reconstruction Committee, Business Law Section, Law Council of Australia, Committee Hansard, 5 March 2007, p.55

[32]      Committee Hansard, 5 March 2007, p.40

[33]      The Institute of Chartered Accountants in Australia and CPA Australia, Submission 12, p.2

[34]      CPA Australia, Committee Hansard, 5 March 2007, p.28

[35]      Mr John Melluish, National President, IPAA, Committee Hansard, 5 March 2007, p.41

[36]      Mr Matthew Brine, Manager, Government and Insolvency Unit, Corporations and Financial Services Division, Markets Group, The Treasury, Committee Hansard, 5 March 2007, p.10

[37]      ibid., p.11

[38]      Insolvency Practitioners Association of Australia, answers to question on notice, 20 March 2007

[39]      CPA Australia, answer to question on notice, 21 March 2007

[40]      Parliamentary Joint Committee on Corporations and Financial Services, Corporate Insolvency Laws: a Stocktake, June 2004, pp.144-45

[41]      Australian National Audit Office, ASIC's Processes for Receiving and Referring for Investigation Statutory Breaches Reports of Suspected Breaches of the Corporations Act 2001, Audit Report No. 18 2006-2007, p.79

[42]      ibid., p.81

[43]      The Institute of Chartered Accountants in Australia and CPA Australia, Submission 12, p.4

[44]      Parliamentary Joint Committee on Corporations and Financial Services, Corporate Insolvency Laws: a Stocktake, June 2004, Executive Summary, p.xxv

[45]      ibid., p.197

[46]      The Treasury, Submission 10, p.11

[47]      Mr Malcolm Rodgers, Australian Securities and Investments Commission, Committee Hansard, 5 March 2007, p.19

[48]      ibid.

[49]      Parliamentary Joint Committee on Corporations and Financial Services, Corporate Insolvency Laws: a Stocktake, June 2004, Executive Summary, p.190

[50]      The Treasury, Submission 10, p.10

[51]      Parliamentary Joint Committee on Corporations and Financial Services, Corporate Insolvency Laws: a Stocktake, June 2004, p.129

[52]      Australian Securities and Investments Commission, Submission 7, p.5

[53]      ibid., p.8

[54]      Mr Malcolm Rodgers, Australian Securities and Investments Commission, Committee Hansard, 5 March 2007, p.19

[55]      Parliamentary Joint Committee on Corporations and Financial Services, Corporate Insolvency Laws: a Stocktake, June 2004, p.129

[56]      Mr Matthew Brine, Manager, Government and Insolvency Unit, Corporations and Financial Services Division, Markets Group, The Treasury, Committee Hansard  , 5 March 2007, p.12