Document ID: chunk:federal_register_of_legislation:C2004A04008:body:0:p4
Version: federal_register_of_legislation:C2004A04008
Segment Type: other
Provision Reference: 
Character Range: 13648–16285

or

           (ii) a body of a kind referred to in subparagraph (b) (ii).

Operating under a name

"3a. A reference in this Act to a protected body operating in a State or Territory under a particular name includes a reference to the body engaging in conduct that, for the purposes of a law in force in the State or Territory, constitutes:

(a) in any case—using the name in the State or Territory; or

    (b) if the name is the body's name—establishing a place of business or carrying on business under the name in the State or Territory; or

   (c) if paragraph (b) does not apply—carrying on business under the name in the State or Territory.

Subsidiaries

"3b. For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate shall be determined in the same way as the question whether a corporation is a subsidiary of another corporation is determined under the Companies Act 1981.

Operation of Act

"3c. This Act applies both within and outside Australia.

Extension to external Territories

"3d. This Act extends to all external Territories.".

Repeal of sections 4, 5 and 6

6. Sections 4, 5 and 6 of the Principal Act are repealed.

Establishment of Commission

7. Section 7 of the Principal Act is amended by omitting subsection (3).

8. After section 31 of the Principal Act the following section is inserted:

Transfer to CSL of additional assets etc.

"31a. (1) The Minister may determine:

    (a) that a specified asset owned by the Commonwealth and held or used in connection with, or arising from, the business of CSL is a transferring asset; and

    (b) that a specified liability of the Commonwealth related to a transferring asset is a transferring liability.

"(2) A transferring asset or transferring liability ceases to be an asset or liability of the Commonwealth and becomes an asset or liability of CSL on a day determined, in relation to that asset or liability, by the Minister.

"(3) Where:

(a) land or an interest in land becomes, under this section, land or an interest in land of CSL; and

(b) a certificate that:

        (i) is signed by the Minister; and

        (ii) identifies the land or interest, whether by reference to a map or otherwise; and

       (iii) states that the land or interest has, under this section, become land or an interest in land of CSL;

   is lodged with the Registrar of Titles or other proper officer of the State or Territory in which the land is situated;

the officer with whom the certificate is lodged may:

    (c) register the matter in like manner to the manner in which dealings in land or interests in land of