Document ID: chunk:federal_register_of_legislation:C2025C00012:clause:1_1238a
Version: federal_register_of_legislation:C2025C00012
Segment Type: clause
Provision Reference: sch 1 cl 1238A
Character Range: 261457–263501

1238A  Applying property recovery provisions to CCIVs
 (1) The property recovery provisions referred to in subsection (2) apply to a CCIV subject to:
 (a) such modifications as are set out in this Division; and
 (b) such other modifications as are made necessary by the facts that:
 (i) for a CCIV, solvency and insolvency are determined at the level of a sub‑fund, instead of at the level of the CCIV; and
 (ii) the officers to whom the provisions are directed are the officers of the corporate director, instead of the officers of the CCIV.

Property recovery provisions
 (2) The provisions (the property recovery provisions) are as follows:
 (a) Divisions 3, 4, 5 and 6 of Part 5.7B (other than a provision excluded by subsection (3));
 (b) the other provisions of the Corporations legislation (other than a provision excluded by subsection (3)) to the extent to which they relate to the operation of the provisions referred to in paragraph (a).
 (3) For the purposes of subsection (2), the regulations may specify provisions that are excluded from the property recovery provisions.

Translation rules
 (4) In the application of the property recovery provisions, those provisions apply as if the substitutions set out in the following table were made.

Substitutions to be made
Item                      Column 1                                                                                                                                                                                                                                                                                                                                         Column 2
                          If the provision …                                                                                                                                                                                                                                                                                                                               substitute a reference to …