Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p34
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 82296–84982

to a document, or in relation to the contents of a document, that has been lodged with the Commission under Division 9 of Part IV or with the Registrar of Companies under the corresponding provisions of a previous law of the Territory, to the extent that the document relates to a charge that is registrable under that Division or that was registered under those provisions.

Effect of fraud
"68d. Section 68a operates—
     (a) to entitle a person to make the assumptions referred to in sub-section (3) of that section in relation to dealings with a company; or
     (b) to entitle a person to make the assumptions referred to in sub-section (3) of that section in relation to an acquisition or purported acquisition (whether direct or indirect) of title to property from a company,

notwithstanding that a person referred to in paragraph 68a (3) (b), (c) or (e) or an officer, agent or employee of the company referred to in paragraph 68a (3) (d) or (f)—
     (c) has acted or is acting fraudulently in relation to the dealings, or in relation to the acquisition or purported acquisition of title to property from the company, as the case may be; or
     (d) has forged a document that appears to have been sealed on behalf of the company,
unless the person referred to in paragraph (a) or (b) of this section has actual knowledge that the person referred to in paragraph 68a (3) (b), (c) or (e), or the officer, agent or employee of the company referred to in paragraph 68a (3) (d) or (f), has acted or is acting fraudulently, or has forged a document, as mentioned in paragraph (c) or (d) of this section.".

General provisions as to alteration of memorandum
35. Section 72 of the Principal Act is amended by inserting in sub-section (5) "or a resolution or order under section 123" after "section 121".

Alterations of provisions of memorandum
36. Section 73 of the Principal Act is amended—
     (a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:
     "(1) Subject to this section, a company may, by special resolution, alter the memorandum of the company—
          (a) where the memorandum contains a provision stating the objects of the company—by altering or omitting that provision;
          (b) where the memorandum does not contain a provision stating the objects of the company—by inserting in the memorandum a provision stating the objects of the company; or
          (c) in any case—by altering, omitting or inserting any other provision with respect to the objects of the company or any provision with respect to the powers of the company.
     "(2) Subject to this section, sub-section 78 (3) and section 320, if a provision of the