Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p42
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 42/212)
Character Range: 112607–115688

the Securities Industry Act 1980".

SCHEDULE 1—continued

Section 9 (definition of "proprietary company"):

  Omit the definition, substitute:

" 'proprietary company' means:

     (a) a body corporate incorporated as a proprietary company by virtue of section 116; or

     (b) a body corporate converted into a proprietary company under subsection 168 (1); or

     (c) a body corporate registered as a proprietary company under subsection 137 (4) or 145 (4);

being a body corporate that has not since ceased under section 168 or 170 to be a proprietary company;".

Section 9 (definition of "prospectus"):

  Omit "corporation", substitute "body corporate".

Section 9 (definition of "public company"):

  Omit the definition, substitute the following definition:

" 'public company' means a company other than a proprietary company and, in the definition of 'public corporation' in this section, paragraph 228 (1) (b) and subsection 879 (1), includes a body corporate that is a public company for the purposes of the Corporations Law of another jurisdiction;".

Section 9 (definition of "public corporation"):

  Omit the definition, substitute:

" 'public corporation' means:

   (a) a public company; or

     (b) in relation to a prescribed interest that relates to an undertaking, scheme, enterprise, contract or arrangement (in this paragraph called the 'relevant undertaking')—a body corporate, other than a public company, that is declared by the Commission, by writing, to be a public corporation for the purposes of Part 7.12 in relation to:

       (i) the relevant undertaking; or

         (ii) a class of undertakings, schemes, enterprises, contracts or arrangements that includes the relevant undertaking;".

Section 9 (definition of "registered Australian corporation"):

  Omit the definition, substitute:

" 'registered Australian body' means:

     (a) in this Chapter—a registrable Australian body that is registered under Division 1 of Part 4.1; or

     (b) otherwise—a registrable Australian body that is registered under Division 1 of Part 4.1 of the Corporations Law of this jurisdiction;".

SCHEDULE 1—continued

Section 9 (definition of "registered body"):

  Omit the definition, substitute:

" 'registered body' means:

     (a) in this Chapter, subsection 358 (2) or section 363 or 364—a registered Australian body or a registered foreign company; or

  (b) otherwise—a registrable body that is registered under Division

     1 or 2 of Part 4.1 of the Corporations Law of this jurisdiction;".

Section 9 (definition of "registered company auditor"):

  Omit the definition, substitute:

" 'registered company auditor' means:

     (a) in sections 1287 and 1288—a person registered as an auditor, or taken to be registered as an auditor, under Part 9.2 of the Corporations Law of this jurisdiction; and

     (b) otherwise—a person registered as an auditor, or taken to be registered as an auditor, under Part 9.2;

and, in relation to a body corporate that is not a company, includes a person qualified to act as the body's auditor under the law