Document ID: chunk:federal_register_of_legislation:C2010C00237:clause:3_11
Version: federal_register_of_legislation:C2010C00237
Segment Type: clause
Provision Reference: sch 3 cl 11
Character Range: 34232–35827

11  First corporation secretary

(1) Despite section 42‑10 of the new Act, if:
 (a) a transitional corporation is registered as a large corporation because of an alteration under item 10; and
 (b) a person has not previously been appointed under this item; and
 (c) a person:
 (i) is a director of the transitional corporation; or
 (ii) has consented to hold office as the corporation's corporation secretary;
the CATSI Registrar may, in writing, declare the person to be the corporation's first corporation secretary.

(2) The person becomes the corporation's corporation secretary from:
 (a) the day specified in the declaration, being a day after the declaration is made; or
 (b) otherwise—the day the declaration is made.

(3) Section 257‑5 of the new Act does not apply in relation to a transitional corporation if:
 (a) the corporation is registered as a large corporation because of an alteration under item 10; and
 (b) a person has not become the corporation's corporation secretary because of subitem (1).

(4) Sections 257‑15 and 257‑20, and subsection 304‑5(1), of the new Act do not apply in relation to a person who is the corporation secretary because of subitem (1).

(5) Paragraph 257‑35(a) of the new Act applies to a person who is the corporation's secretary because of subitems (1) and (2) as if the person had been appointed with his or her consent to be the secretary of the transitional corporation.

(6) A declaration under subitem (1) is not a legislative instrument.

(7) To avoid doubt, section 4 of the Acts Interpretation Act 1901 applies in relation to this item.