Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p76
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 187159–189875

is oppressive or unfairly prejudicial to, or unfairly discriminatory against, a member is a reference to affairs of a company being conducted in a manner that is oppressive or unfairly prejudicial to, or unfairly discriminatory against, a person who is a member, whether in his capacity as a member or in any other capacity; and
     (c) a reference to an act or omission by or on behalf of a company or a resolution of a class of members of a company being oppressive or unfairly prejudicial to, or unfairly discriminatory against, a member is a reference to an act or omission by or on behalf of a company or a resolution of a class of members of a company being oppressive or unfairly prejudicial to, or unfairly discriminatory against, a person who is a member, whether in his capacity as a member or in any other capacity.
"(4b) Where an order that a company be wound up is made under this section, the provisions of this Act relating to the winding up of companies apply, with such adaptations as are necessary, as if the order had been made upon an application duly filed in the Court by the company.".

90. Section 321 of the Principal Act is repealed and the following section is substituted:

Interpretation
"321. (1) In this Part, unless the contrary intention appears—
     (a) a reference to a receiver, in relation to property of a corporation, includes a reference to a receiver and manager of property of a corporation;

     (b) a reference to property of a company shall be read as a reference to property of a company within or outside Australia;
     (c) a reference to property of a registered foreign company shall—
          (i) in the case of a registered foreign company that was formed or incorporated in Australia—be read as a reference to property within the Territory of the registered foreign company; and
          (ii) in the case of a registered foreign company that was formed or incorporated outside Australia—be read as a reference to property within Australia of the registered foreign company; and
     (d) a reference to property of a corporation shall—
          (i) in the case of a corporation that is a company—be read as a reference to property of the company within or outside Australia;
          (ii) in the case of a corporation that is a registered foreign company that was formed or incorporated outside Australia—be read as a reference to property within Australia of the registered foreign company; and
          (iii) in the case of any other corporation—be read as a reference to property within the Territory of the corporation.
"(2) In this Part, unless the contrary intention appears—
'Australia' includes the external Territories;
     'officer', in relation