Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p85
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 85/212)
Character Range: 224661–227569

Section 344:

Omit "Subject to this Part, where a foreign company lodges for registration under this Division:", substitute "Subject to section 102a and this Part, where a foreign company lodges an application for registration under this Division that is in the prescribed form and is accompanied by:".

Paragraphs 344 (h) and (j):

  Omit the paragraphs, substitute:

      "(h) grant the application and register the foreign company under this Division by entering the foreign company's name in a register kept for the purposes of this Division and of each corresponding law; and

      (j) allot to the foreign company a registration number distinct from the registration number of each body corporate (other than the foreign company) already registered under Part 2.2, this Part or a law corresponding to Part 2.2 or to this Part.".

SCHEDULE 1—continued

Subsection 349 (8):

  After "(7)", insert "or a corresponding law".

Subsection 358 (2):

  Omit the subsection, substitute:

"(2) A registered body must not use a name in this jurisdiction unless:

     (a) the body is registered under that name under Division 1 or 2 or a corresponding law; or

     (b) the name is registered in respect of the body under the law of this jurisdiction relating to business names.".

After subsection 359 (1):

  Insert:

"(2a) A registered body must ensure that its registered office under this section and its registered offices under the laws corresponding to this section are all at the same place.".

After subsection 359 (3):

  Insert:

  "(4a) Where:

     (a) a registered body has a registered office under a law corresponding to this section; and

   (b) the situation of that office changes;

the situation of the body's registered office under this section is taken to change to the new situation of the office referred to in paragraph (a).".

Subsection 360 (2):

  After "(1)", insert "or a corresponding law".

Subparagraph 361 (1) (d) (i):

  Omit "a local", substitute "an Australian".

Subparagraph 361 (1) (e) (i):

  Omit "Act", substitute "Law or a corresponding law".

Subsection 362 (1):

  Omit the subsection, substitute:

"(1a) A reference in this section to issuing, signing or publishing is a reference to issuing, signing or publishing, as the case may be, in this jurisdiction.

SCHEDULE 1—continued

"(1) This section applies to a registrable body other than a registrable local body.".

Subsection 362 (9):

Omit "its registered office and of every office and place", substitute "every office and place (including its registered office) that is in this jurisdiction,".

Subsection 362 (10):

After "place", insert "(including its registered office) that is in this jurisdiction,".

Section 363:

  Add at the end:

"(6) Subject to subsection 8 (4), subsection 8 (3) applies in relation to a reference in this section.".

Section 364:

  Repeal the section, substitute:

Power to