Document ID: chunk:federal_register_of_legislation:C2024C00492:section:2:p6
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 2 (pt 6/45)
Character Range: 669545–672419

vouchers, receipts and papers relating to the property and that money.

546‑30  Registrar's power to fulfil outstanding obligations of deregistered corporation
  The Registrar may do an act on behalf of the corporation or its liquidator if the Registrar is satisfied that the corporation or liquidator would be bound to do the act if the corporation still existed.
Note: This power is a general one and is not limited to acts in relation to property vested in the Registrar under subsection 546‑20(2). The Registrar has all the powers that automatically flow from the vesting of property in the Registrar under that subsection (see subsection 546‑20(4)) and may exercise those powers whether or not the corporation was bound to do so.

546‑35  Claims against insurers of deregistered corporation
  A person may recover from the insurer of an Aboriginal and Torres Strait Islander corporation that is deregistered an amount that was payable to the corporation under the insurance contract if:
 (a) the corporation had a liability to the person; and
 (b) the insurance contract covered that liability immediately before deregistration.

546‑40  Reinstatement

Reinstatement by the Registrar
 (1) The Registrar may reinstate the registration of an Aboriginal and Torres Strait Islander corporation if the Registrar is satisfied that the corporation should not have been deregistered.

Reinstatement by Court
 (2) The Court may make an order that the Registrar reinstate the registration of an Aboriginal and Torres Strait Islander corporation if:
 (a) an application for reinstatement is made to the Court by:
 (i) a person aggrieved by the deregistration; or
 (ii) a former liquidator of the corporation; and
 (b) the Court is satisfied that it is just that the corporation's registration be reinstated.
 (3) If the Court makes an order under subsection (2), it may:
 (a) validate anything done between the deregistration of the corporation and its reinstatement; and
 (b) make any other order it considers appropriate.
Note: For example, the Court may direct the Registrar to transfer to another person property vested in the Registrar under subsection 546‑20(2).

Registrar to give notice of reinstatement
 (4) The Registrar must give notice of a reinstatement in the Gazette. If the Registrar exercises his or her power under subsection (1) in response to an application by a person, the Registrar must also give notice of the reinstatement to the applicant.

Effect of reinstatement
 (5) If an Aboriginal and Torres Strait Islander corporation is reinstated:
 (a) the corporation is taken to have continued in existence as if it had not been deregistered; and
 (b) a person who was a director of the corporation immediately before deregistration becomes a director again as from the time when the Registrar or the Court reinstates the corporation; and
 (c) any property of