Document ID: chunk:federal_register_of_legislation:C2004A03814:body:0:p7
Version: federal_register_of_legislation:C2004A03814
Segment Type: other
Provision Reference: 
Character Range: 15695–18340

as if:
     (a) SMEC were a company, within the meaning of that Act, when the change is made; and
     (b) the change were made under that Act.
"(3) This section has effect in spite of anything in the Companies Act 1981, but nothing in this section prevents:
     (a) SMEC from later changing its name under section 65 of that Act; or
     (b) the cancellation, under Division 2 of Part III of that Act, of the registration of a name.".
12. Parts IV and V of the Principal Act are repealed and the following Part is substituted:

"PART IV—CONVERSION OF SMEC INTO A PUBLIC COMPANY

Effect of Part—summary
"19. After the commencement of this Part:
     (a) SMEC is a company registered under the Companies Act 1981;
     (b) SMEC's name is 'Snowy Mountains Engineering Corporation Limited';
     (c) SMEC is a public company, and a company limited by shares, within the meaning of the Companies Act 1981; and
     (d) the Companies Act 1981 applies, subject to this Act, in relation to SMEC.

SMEC taken to be registered under Companies Act
"20. (1) The National Companies and Securities Commission shall be taken:
     (a) to have been required to grant the application mentioned in paragraph 18c (1) (a) of this Act and to register SMEC as a company under subsection 86 (2) of the Companies Act 1981;
     (b) to have granted the application at the commencement of this Part;
     (c) to have so registered SMEC, at the commencement of this Part:
        (i) by the name 'Snowy Mountains Engineering Corporation Limited'; and

        (ii) in accordance with subsections 86 (3) and (4) of the Companies Act 1981, as a public company, and as a company limited by shares, within the meaning of that Act; and
     (d) to have registered the name 'Snowy Mountains Engineering Corporation Limited' in relation to SMEC at the commencement of this Part, under subsection 55 (4) of the Companies Act 1981.
"(2) The date of commencement of SMEC's registration as a company under Division 4 of Part III of the Companies Act 1981 shall be taken to be the day of commencement of this Part.
"(3) For the purposes of Division 4 of Part III of the Companies Act 1981, SMEC shall be taken to have been on the day before the commencement of this Part, and to be at that commencement, a corporation within the meaning of that Act.

Memorandum and articles of SMEC
"21. (1) As from the commencement of this Part, the proposed memorandum, and the proposed articles, lodged under paragraph 18c (1) (c):
     (a) are respectively the memorandum and articles of SMEC; and
     (b) bind SMEC and its members accordingly.
"(2) As from the commencement of this Part, the