Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p42
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 102809–105644

or to contain such of the matters provided for in regulations made for the purposes of paragraph 166 (2) (b), as are specified in the instrument and the Commission may, by instrument in writing, revoke the first-mentioned instrument or vary it in such manner as it thinks fit.
     "(2a) The Commission shall cause a copy of an instrument executed under sub-section (2) to be published in the Gazette, but failure of the Commission to do so does not affect the validity of the instrument."; and
     (h) by omitting paragraph (5) (b) and substituting the following paragraph:
          "(b) is not liable for anything done or omitted to be done by him or it pursuant to that direction.".

Statement to be issued
64. Section 170 of the Principal Act is amended by omitting sub-section (6) and substituting the following sub-section:
"(6) Where a statement in respect of a management company formed or incorporated in a participating State or participating Territory has been registered under the provisions of the law of that State or Territory that correspond with Division 1, that statement shall, for the purposes of this Division, be deemed to have been registered by the Commission under Division 1 and anything required to be done before registration under that Division shall be deemed to have been done.".

Register of holders of prescribed interests
65. Section 172 of the Principal Act is amended—
     (a) by omitting from sub-section (1) "Subject to sub-section (6), the" and substituting "The";
     (b) by inserting in sub-section (2) "formed or" before "incorporated";
     (c) by omitting from paragraph (2) (a) "the preceding provisions of this section" and substituting "sub-section (1)"; and
     (d) by omitting sub-section (6).

Non-application of Division in certain circumstances
66. Section 176 of the Principal Act is amended by omitting sub-section (1).

Duties of company with respect to issue of certificates
67. Section 188 of the Principal Act is amended—
     (a) by omitting from paragraph (2) (b) "relevant person" (wherever occurring) and substituting "transferee"; and
     (b) by inserting after sub-section (2) the following sub-section:
     "(2a) A company is not required to comply—
          (a) with sub-section (1) in relation to the allotment of any shares in, the issue of debentures of, or the making available of interests by, the company; or
          (b) with sub-section (2) in relation to a transfer of shares, debentures or interests,
      if the allottee, debenture holder or interest holder, or the transferee, as the case may be, is a person who has applied to the Commission for the making of a declaration under this sub-section and has been declared by the Commission, by instrument in writing published in the Gazette, to be a person in relation to whom this section does not