Document ID: chunk:federal_register_of_legislation:C2024C00492:section:2:p1
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 2 (pt 1/45)
Character Range: 656363–659347

2                         civil penalty order    civil penalty order (within the meaning of this Act)

Note: Although section 526‑35 applies the provisions of Part 5.8A to the winding up of an Aboriginal and Torres Strait Islander corporation, the employees' entitlements provisions are capable of applying independently of there being a winding up. This section ensures, for example, that a person will commit an offence (under the applied section 596AB) if the person enters into an agreement to defeat the entitlements of employees of an Aboriginal and Torres Strait Islander corporation (regardless of whether winding up proceedings are ever commenced).
 (2) This section has effect without limiting section 526‑35.
 (3) In this Act:
Corporations Act employees' entitlements provisions means:
 (a) Part 5.8A of the Corporations Act; and
 (b) the other provisions of that Act (including Parts 1.2 and 9.4 and Schedule 3, but not including Parts 1.1, 1.1A and 9.4A) to the extent to which they relate to the operation of the Part referred to in paragraph (a); and
 (c) the regulations made under that Act for the purposes of Part 5.8A of that Act and the provisions referred to in paragraph (b).

Chapter 12—Transfer of registration, deregistration and unclaimed property

Part 12‑1—Transfer of registration to another system

Division 540—Transfer of registration

540‑1  Transferring registration
  An Aboriginal and Torres Strait Islander corporation may transfer its registration to registration under a law of the Commonwealth, a State or a Territory by:
 (a) passing a special resolution resolving to transfer its registration to registration under that law; and
 (b) complying with sections 540‑5 and 540‑10.

540‑5  Applying to transfer registration
  To transfer its registration, an Aboriginal and Torres Strait Islander corporation must lodge an application with the Registrar together with:
 (a) a copy of the special resolution that resolves to change the corporation's registration to a registration under the law of the Commonwealth, the State or the Territory concerned; and
 (b) a statement signed by the directors of the corporation that in their opinion the corporation's creditors are not likely to be materially prejudiced by the change and that sets out their reasons for that opinion.

540‑10  Registrar makes transfer of registration declaration
  The Registrar may make a transfer of registration declaration in relation to the Aboriginal and Torres Strait Islander corporation under this section if the Registrar is satisfied that:
 (a) the application complies with section 540‑5; and
 (b) the corporation's creditors are not likely to be materially prejudiced by the transfer of the corporation's registration; and
 (c) the law of the Commonwealth, the State or the Territory concerned adequately provides for:
 (i) the continuation of the corporation's legal personality after the transfer; and
 (ii) the preservation of any rights or claims against the