Document ID: chunk:federal_register_of_legislation:C2004A04707:front:0:p42
Version: federal_register_of_legislation:C2004A04707
Segment Type: other
Provision Reference: 
Character Range: 107863–110621

financial year, the company has paid, or agreed to pay, a premium in respect of a contract insuring against a liability a person who is or has been an officer or auditor of the company or of a related body corporate; and

    (b) but for subsection 241A(3), subsection 241A(1) would have prohibited the company from paying, or agreeing to pay, the premium;

SCHEDULE 3—continued

the report must:

    (c) name the person and state that the company has paid, or agreed to pay, a premium in respect of a contract insuring the person against a liability; and

    (d) set out, except so far as prohibited by the contract itself, the nature of the liability and the amount of the premium.

  "(4) Nothing in this section limits the generality of section 309.

  "(5) In this section:

'officer' has the same meaning as in section 241.".

                         SCHEDULE 4 Section 7

AMENDMENT OF THE CORPORATIONS LAW RELATING TO USE, IN COURT PROCEEDINGS, OF INFORMATION FROM COMMISSION'S NATIONAL DATABASE

1. After section 1274A:

  Insert:

Use, in court proceedings, of information from Commission's national database

  "1274B.(1) In this section:

'data processor' means a mechanical, electronic or other device for processing data;

'national database' means so much of the national companies database kept by the Commission as consists of:

  (a) some or all of a register kept by the Commission under this Law; or

  (b) information set out in a document lodged under this Law;

but does not include the Commission's document imaging system.

"(2) In a proceeding in a court, a writing that purports to have been prepared by the Commission is admissible as prima facie evidence of the matters stated in so much of the writing as sets out what purports to be information obtained by the Commission, by using a data processor, from the national database. In other words, the writing is proof of such a matter in the absence of evidence to the contrary.

"(3) A writing need not bear a certificate or signature in order to be taken to purport to have been prepared by the Commission.

"(4) Nothing in this section limits, or is limited by, section 1274 or 1274A.".

                         SCHEDULE 5 Section 8

AMENDMENT OF THE CORPORATIONS LAW RELATING TO
APPLICATION OF CHANGES MADE BY THIS ACT

1. After Division 5 of Part 9.11:

  Insert:

"Division 6—Changes resulting from the Corporate Law
Reform Act 1994

Meaning of "Amending Act"

  "1390. In this Division:

'Amending Act' means the Corporate Law Reform Act 1994.

Application of changes to section 241

"1391.(1) Section 241, as in force after the commencement of item 2 of Schedule 3 to the Amending Act, applies in relation to a liability incurred at or after that commencement.

"(2)