371Exercise of powers under section 365, 365F, 365G, or 365H not affected by appeal

1. Subject to subsection (2), but notwithstanding any other provision of any Act or any rule of law, where a person appeals or applies to the court in relation to an act or decision of the Registrar or a person authorised by the Registrar under section 365, 365F, 365G, or 365H, until a decision on the appeal or application is given,—

2. the Registrar, or that person, may continue to exercise the powers under that section as if no such appeal or application had been made; and
3. no person is excused from fulfilling an obligation under that section by reason of that appeal or application.

4. If the appeal or application is allowed or granted, as the case may be,—

5. the Registrar must ensure that, forthwith after the decision of the court is given, any copy of a document taken or retained by the Registrar, or by a person authorised by the Registrar in respect of that act or decision, is destroyed; and
6. no information acquired under that section in relation to that act or decision is admissible in evidence in any proceedings unless the court hearing the proceedings in which it is sought to adduce the evidence is satisfied it was not obtained unfairly.

Compare

• 1955 No 63 s 9B(4)
• 1973 No 13 s 5
• 1977 No 94 s 3

Notes

• Section 371 heading: amended, on 1 May 2015, by section 52(1) of the Companies Amendment Act 2014 (2014 No 46).
• Section 371(1): amended, on 1 May 2015, by section 52(2) of the Companies Amendment Act 2014 (2014 No 46).