Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p86
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 86/212)
Character Range: 227317–230056

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 hold land

  "364. A registered body has power to hold land in this jurisdiction.".

Section 365:

  Repeal the section, substitute:

"Division 4—Transitional

Bodies registered under previous foreign companies law of this jurisdiction

"365a. This Division (except section 365f) applies to each registrable body that was, immediately before the commencement of this Part (in this Division called the 'commencement'), registered under a previous law of this jurisdiction relating to foreign companies within the meaning of that law.

Deemed registration under Division 1 or 2

"365b. (1) If the body is a registrable Australian body, the Commission is taken to have registered it under Division 1 at the commencement.

"(2) If the body is a foreign company, the Commission is taken to have registered it under Division 2 at the commencement.

"(3) The Commission need not issue a certificate under subsection 360 (1) merely because of the effect of this section.

SCHEDULE 1—continued

Registered office under previous law

"365c. Subject to this Part, the body's registered office under section 359 is taken to be at the place that, immediately before the commencement, was taken by a previous law of this jurisdiction corresponding to subsection 363 (2) to be the situation of the body's registered office for the purposes of a previous law of this jurisdiction corresponding to subsection 363 (1).

Transition to single registered office in Australia

"365d. (1) This section applies if the body has under a law or laws corresponding to section 359 a registered office that is, or registered offices that are, because of a law or laws corresponding to section 365c, at a place or places different from the place of the body's registered office under section 359.

"(2) The body must ensure that, within 6 months after the commencement:

     (a) all of the offices referred to in subsection (1) are at the same place; and

     (b) the body has, in relation to a change in the situation of any of those offices that happens, or is taken by subsection 359 (4a) or a corresponding law to happen, and is necessary for the body to comply with this section, complied with subsection 359 (3) or a corresponding law, as the case requires.

"(3) If the body contravenes subsection (2), the Commission may give to the body a notice stating that, as from the end of 6 days after the day on which the notice is given, the body's registered office under section 359 of the Corporations Law will