Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p1
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 1/17)
Character Range: 492460–495518

Schedule 3

173. Schedule 3 to the Corporations Law is amended by inserting before "Subsection 1114(8)" the following:

"Section 1112A:

Penalty: $2,500 or imprisonment for 6 months, or both.".

PART 6—MISCELLANEOUS

Division 1—Amendments of the Corporations Law

Dictionary

174. Section 9 of the Corporations Law is amended by inserting the following definition:

" 'Department', in a case where a provision uses the expression 'the Department' without specifying which Department is referred to, means:

    (a)     if the Minister or Ministers for the time being administering the Corporations Act 1989 administers or administer only one Department of State of the Commonwealth—that Department; or

    (b)     otherwise—the Department of State of the Commonwealth prescribed for the purposes of this definition as it applies for the purposes of that provision;".

Address of registered office etc.

  175. Section 100 of the Corporations Law is amended:

    (a)     by omitting from paragraph (1)(d) "shall be accompanied by a written statement, signed by an officer of the body," and substituting "must include a written statement";

    (b)    by inserting in subsection (2) "notice that includes a" after "lodged a".

Return of allotment

  176. Section 187 of the Corporations Law is amended:

    (a) by omitting from subsection (3) everything after "contract in writing," and substituting the following:

     "the company must:

         (a)     lodge with the return the contract evidencing the allottee's entitlement, or a certified copy of that contract; and

       (b)     lodge:

             (i) if the regulations prescribe for the purposes of this paragraph a period ending after the return is lodged—within that period; or

           (ii) otherwise—with the return;

         a certificate to the effect that the contract referred to in paragraph (a) has been duly stamped as required by any applicable law relating to stamp duty.";

    (b) by omitting subsection (4) and substituting the following subsections:

     "(4) If the Commission considers it appropriate to do so in a particular case, the Commission may by writing authorise a company to lodge a certificate under paragraph (3)(b) within a period that is specified in the authorisation and ends after:

         (a)     if subparagraph (3)(b)(i) applies—the period referred to in that subparagraph; or

       (b)     otherwise—the return is lodged.

     "(4A) An authorisation under subsection (4) has effect despite paragraph (3)(b), but the company must lodge the certificate within the period specified in the authorisation.".

177. After section 335 of the Corporations Law the following section is inserted:

Company's address for service for the purposes of section 335

"335A.(1) A company may lodge a notice in the prescribed form specifying its address for service for the purposes of section 335.

"(2) A company may lodge a notice in the prescribed form stating that the company no longer has an address for service for the purposes of section 335.

"(3)