Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p5
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 5/17)
Character Range: 502900–505605

Reform Act 1992.

Application of change to section 318

"1378. Subsection 318(2) of this Law, as in force before the commencement of section 14 of the Corporate Law Reform Act 1992, continues to apply in relation to a contravention of subsection 318(1) of this Law committed before that commencement.

Application of certain changes to Part 5.2

"1379.(1) The following apply in relation to a controller of property of a corporation if, and only if, the control day begins at or after the commencement of section 40 of the Corporate Law Reform Act 1992:

     (a)     sections 419A, 420A, 420B and 421A, subsection 428(2) and sections 434A, 434B and 434C of this Law;

     (b)     sections 423, 424, 426, 429, 430, 431, 432 and 434 of this Law, as in force after that commencement.

"(2) Sections 423, 424, 426, 429, 430, 431, 432 and 434, as in force before the commencement of section 40 of the Corporate Law Reform Act 1992, continue to apply in relation to a receiver, or receiver and manager, of property of a corporation if the control day began before that commencement.

"(3) Section 420C applies in relation to a receiver, or receiver and manager, of property of a corporation if, and only if, the control day begins at or after the commencement of section 41 of the Corporate Law Reform Act 1992, even if the corporation began to be wound up before that commencement.

"(4) Section 421, as in force after the commencement of section 42 of the Corporate Law Reform Act 1992:

     (a)     applies in relation to a receiver, or receiver and manager, of property of a corporation even if the control day began before that commencement; and

     (b)     applies in relation to any other controller of property of a corporation if, and only if, the control day began at or after that commencement.

Continued application of old Part 5.3 and related provisions

"1380.(1) If, before the commencement of section 56 of the Corporate Law Reform Act 1992, a company was placed under official management, Part 5.3 and paragraphs 462(2)(e), (f) and (g) of this Law, as in force before that commencement, continue to apply in relation to the company, but the company cannot again be placed under official management after that commencement.

"(2) While a company is under official management, an administrator of the company cannot be appointed under section 436A, 436B or 436C.

Certain provisions continue to apply in relation to official management

"1381. Except so far as the contrary intention appears, in this Law (other than Part 5.3A, Division 1A of Part 5.6 and section 556):

     (a)     a reference to an administrator of a body corporate or relevant body being appointed under section 436A,