Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p6
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 6/17)
Character Range: 505368–508087

so far as the contrary intention appears, in this Law (other than Part 5.3A, Division 1A of Part 5.6 and section 556):

     (a)     a reference to an administrator of a body corporate or relevant body being appointed under section 436A, 436B or 436C includes a reference to the body being placed under official management; and

     (b)     a reference to a body corporate or relevant body being under administration includes a reference to the body being under official management; and

   (c)     a reference to a body corporate or relevant body that is or has

     been under administration includes a reference to such a body that is, or has been, as the case may be, under official management; and

    (d) a reference to an administrator of a body corporate, of a relevant body, or of an entity within the meaning of Parts 3.6 and 3.7, includes a reference to an official manager or deputy official manager of the body or entity;

even if the body or entity ceased before the commencement of section 56 of the Corporate Law Reform Act 1992 to be under official management.

Application of new provisions relating to winding up

"1382. Subject to sections 1383, 1384 and 1386, the following provisions:

  (a)     Parts 5.4, 5.4A, 5.4B, 5.5 and 5.6;

  (b)     sections 589, 590 and 592;

  (c)     Division 1 of Part 5.9;

  (d)     section 598;

as in force after the commencement of section 57 of the Corporate Law Reform Act 1992, apply, according to their tenor, in relation to:

  (e) acts done; and

   (f) omissions made; and

   (g) events occurring; and

  (h) matters and things arising;

whether before, at or after that commencement.

Continued application of old Parts 5.4, 5.5 and 5.6

  "1383.(1) In this section:

'old winding up law' means Parts 5.4, 5.5 and 5.6 as in force before the relevant commencement;

'relevant commencement' means the commencement of section 57 of the Corporate Law Reform Act 1992.

"(2) If, before the relevant commencement, the Court ordered the winding up of a company, the old winding up law continues to apply for the purposes of the winding up.

"(3) If, before the relevant commencement, an application was made for the Court to order the winding up of a company, the old winding up law continues to apply for the purposes of:

  (a)     determining, or otherwise disposing of, the application; and

    (b)     winding up the company under an order of the Court made on the application.

"(4) If, before the relevant commencement, a demand was served on a company under paragraph 460(2)(a), the old winding up law continues to apply for the purposes of:

    (a)     making after that commencement, in reliance on the demand, an application for the Court to