Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6
Character Range: 648860–651113

6                         civil penalty provision  civil penalty provision (within the meaning of this Act)

Note: Item 4 is relevant to the operation of subsection 588G(1A) of the Corporations Act.
 (2) The Corporations Act winding up provisions apply to the winding up of an Aboriginal and Torres Strait Islander corporation:
 (a) only to the extent to which they are capable of applying to the winding up of an Aboriginal and Torres Strait Islander corporation; and
 (b) with the modifications specified in the regulations.
 (2A) Regulations made for the purposes of paragraph (2)(b) must not:
 (a) increase, or have the effect of increasing, the maximum penalty for any offence; or
 (b) widen, or have the effect of widening, the scope of any offence.
 (3) In this Act:
Corporations Act winding up provisions means:
 (a) Parts 5.4, 5.4B, 5.5, 5.6, 5.7B, 5.8, 5.8A and 5.9 of, and Schedule 2 to, 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 provisions referred to in paragraph (a); and
 (c) the regulations and rules made under that Act for the purposes of the provisions of that Act referred to in paragraphs (a) and (b);
but does not include the excluded winding up provisions of that Act.
excluded winding up provisions of the Corporations Act means:
 (a) section 459A of that Act (which deals with the court's power to order a winding up); and
 (b) section 459B of that Act (which deals with insolvency as a ground for winding up); and
 (c) section 459P of that Act (which deals with who may apply for a winding up on the grounds of insolvency); and
 (d) section 490 of that Act (which deals with when a resolution for voluntary winding up may be passed); and
 (e) section 491 of that Act (which deal with the resolution for a voluntary winding up).

526‑40  Application of Corporations Act pre‑winding up provisions
 (1) The Corporations Act pre‑winding up provisions apply to an Aboriginal and Torres Strait Islander corporation as if the following substitutions were made:

Substitutions to be made
Item                      For a reference to...  substitute a reference to...