Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p76
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 76/212)
Character Range: 200133–203056

limiting the generality of subsection (1), a recognised company has power to hold land in this jurisdiction.

"(3) Subsection (1) does not impose on a recognised company an obligation that it would not have if that subsection had not been enacted.".

Subparagraph 167 (1) (a) (ii):

  Before "law" (first occurring) insert "previous".

Subsection 174 (1) (definition of "translation day"):

  Omit the definition, substitute:

" 'translation day', in relation to a company, means the prescribed day.".

Subsection 174 (2):

  Omit the subsection, substitute:

"(2) Where, throughout the period beginning immediately before a Division 2 company's translation day and ending immediately before its registration day, the company's memorandum:

  (a) prohibited the alteration of an entrenchable provision; or

     (b) provided as mentioned in a previous law corresponding to subsection 172 (3) in respect of a special resolution altering or adding to an entrenchable provision;

then, so long as it continues so to prohibit, or so to provide, the company's memorandum is taken:

  (c) also to prohibit the omission of the entrenchable provision; or

     (d) also to provide to the same effect in respect of a special resolution omitting the entrenchable provision;

as the case may be.".

Paragraph 179 (3) (g):

  Add at the end "or".

Paragraph 179 (3) (h):

  Omit "or".

SCHEDULE 1—continued

Paragraph 179 (3) (j):

  Omit the paragraph.

Subsection 180 (2):

  Omit "according to the law of the Capital Territory".

Paragraph 181 (6) (b):

  Insert "previous" before "law".

Paragraph 185 (7) (a):

Omit "the company law of a State or Territory", substitute "a corresponding previous law".

Subparagraph 185 (7) (b) (vii):

  Add at the end "or".

Subparagraph 185 (7) (b) (viii):

  Omit "or", substitute "and".

Subparagraph 185 (7) (b) (ix):

  Omit the subparagraph.

Subsections 195 (8), (9), (10), (12) and (15):

  Omit "Act", substitute "Law".

Paragraph 195 (15) (c):

  Before "law" insert "previous".

Paragraph 205 (6) (a):

Insert "or the corresponding provision of that Act as it applies as a law of this jurisdiction" after "Crimes Act 1914".

Subsection 213 (12):

  Omit the subsection.

Subsection 213 (13):

  Renumber as subsection 213 (11).

Amendments of Chapter 3

Paragraph 218 (1) (b):

  Omit "2,".

After section 218:

  Insert:

SCHEDULE 1—continued

Registered office of Division 2 company

"218a. (1) Subject to this Part, the registered office of a Division 2 company is taken to be at the place that, immediately before the commencement of Division 2 of Part 2.2, was taken by a previous law of this jurisdiction corresponding to subsection 220 (2) to be the situation of the company's registered office for the purposes of a previous law of this jurisdiction corresponding to subsection 220 (1).

"(2) Section 217 and subsections 218 (4) and 220 (2) apply in relation to a Division 2