Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p71
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 178092–180884

foreign company, declare, by instrument in writing, that it is satisfied that the documents lodged with the Commission pursuant to the preceding sub-sections of this section (other than sub-section (6a) ) by the foreign company in respect of a specified period contain, in relation to the operations, within Australia, of the foreign company, all the information that the foreign company would be required to include in a report prepared pursuant to sub-section (6a) in respect of that period and, where the Commission so declares, the foreign company is not required to comply with sub-section (6a) in relation to that period.

"(6d) In sub-sections (6a), (6b) and (6c) and in this sub-section—
     'Australia' includes the external Territories;
     'prescribed foreign company', in relation to a period, means a registered foreign company incorporated or formed outside Australia that conducted operations outside Australia at any time during that period.".

Publication of name, &c., of foreign company
117. Section 517 of the Principal Act is amended—
     (a) by omitting from sub-section (1) "(other than a banking corporation)";
     (b) by inserting in paragraph (1) (a) ", except in the case of a foreign company that is a banking corporation," after "company and";
     (c) by inserting in paragraph (1) (b) "(other than a banking corporation)" after "foreign company";
     (d) by omitting from sub-section (2) "(other than a banking corporation)";
     (e) by omitting from sub-section (4) "on the outside of every office or place in the Territory in which its business is carried on, in a conspicuous position and in letters easily legible" and substituting ", in a conspicuous position and in letters easily legible, on the outside of the office or place that is its registered office in the Territory, and on the outside of every other office or place in the Territory at which its business is carried on and that is open and accessible to the public";
     (f) by inserting in paragraph (4) (c) "or place" before "that"; and
     (g) by inserting after sub-section (4) the following sub-section:
    "(4a) A foreign company that is a banking corporation shall paint or affix its name, and shall keep its name painted or affixed, in a conspicuous position and in letters easily legible, on the outside of the office or place that is its registered office in the Territory, and on the outside of every other office or place in the Territory at which its business is carried on and that is open and accessible to the public and, if default is made in complying with this sub-section, the foreign company is guilty of an offence.
    Penalty: $1,000.".

Service of documents on recognised company or recognised foreign company
118. Section 529 of the Principal Act is amended by