Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p35
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 87411–90093

the following sub-sections:
"(4) Where an instrument or instruments amending a deed has or have been made, the management company shall, on being required by the Commission to do so, lodge with the Commission a printed copy (in this sub-section referred to as a 'relevant copy') of the deed as amended by the instrument or instruments, being a copy that—
     (a) is verified by a statement in writing;
     (b) bears an indication sufficient to distinguish it from—
         (i) the deed as lodged, or the copy of the deed lodged, as the case may be, under sub-section (3);
         (ii) the instrument, or each of the instruments, as the case may be; and
         (iii) each copy (if any) of the deed previously lodged under this sub-section; and
     (c) if an amendment or amendments made by the instrument or instruments has not or have not, as at the date on which the relevant copy is lodged under this sub-section, come into operation—has marked on it, in relation to the provision, or in relation to each provision, as the case may be, altered, omitted or inserted by the amendment or amendments, a note that identifies the instrument that altered, omitted or inserted the provision and contains a statement to the effect that—
         (i) in the case of a provision that has been altered or omitted—the alteration or omission; or
         (ii) in the case of a provision that has been inserted—the provision inserted,
     has not yet come into operation,

and a relevant copy so lodged shall for all purposes, in the absence of proof to the contrary, be regarded as a true copy of the deed as so amended.
"(5) Where a provision of an instrument affects the operation of a deed otherwise than by way of textual amendment, the management company shall not lodge a copy of the deed with the Commission under sub-section (4) unless a copy of the instrument is annexed to the copy of the deed.
"(6) In sub-sections (4) and (5), 'instrument' includes an instrument made before the commencement of section 59 of the Companies and Securities Legislation (Miscellaneous Amendments) Act 1985".

60. Section 186 of the Principal Act is repealed and the following section is substituted:

Remedy for refusal to register transfer or transmission
"186. (1) Where a relevant authority in relation to a company refuses or fails to register, or refuses or fails to give its consent or approval to the registration of, a transfer or transmission of shares in, debentures of, or an interest made available by, the company, the transferee or transmittee may apply to the Court for an order under this section.
"(2) Where, on an application made under sub-section (1), the Court is satisfied