Document ID: chunk:federal_register_of_legislation:C2004A02469:body:0:p2
Version: federal_register_of_legislation:C2004A02469
Segment Type: other
Provision Reference: 
Character Range: 3098–5856

to make certain amendments consequent upon the enactment of the Companies Act 1981 and for other purposes

[Assented to 18 June 1981]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title
1. This Act may be cited as the Companies (Miscellaneous Amendments) Act 1981.

Commencement
2. (1) Part I of this Act shall come into operation on the day on which this Act receives the Royal Assent.
(2) Division 1 of Part XI of this Act shall come into operation on the day on which this Act receives the Royal Assent or, if on that day the Companies (Acquisition of Shares) Act 1980 has not come into operation, on the day on which the Companies (Acquisition of Shares) Act 1980 comes into operation.
(3) The provisions of this Act other than the provisions referred to in sub-sections (1) and (2) shall come into operation on the day on which the Companies Act 1981 comes into operation.

PART II—AMENDMENTS OF ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976

Principal Act
3. The Aboriginal Councils and Associations Act 1976ˡ is in this Part referred to as the Principal Act.

Interpretation
4. Section 3 of the Principal Act is amended by omitting paragraph (b) of the definition of "unauthorized name" and substituting the following paragraph:
    "(b) a name of a kind that the Ministerial Council for Companies and Securities has, for the purposes of the Companies Act 1981, directed the National Companies and Securities Commission not to accept for registration under that Act.".
5. Section 62 of the Principal Act is repealed and the following section substituted:

Application of provisions of Companies Act relating to compositions with creditors
"62. Subject to this Act, the provisions of the Companies Act 1981 that relate to compromises or arrangements between companies and their creditors apply, so far as they are capable of application and subject to such modifications, adaptations and exceptions (if any) as are prescribed, to and in relation to Incorporated Aboriginal Associations and, in the application of those provisions—
    (a) a reference to a company shall be read as a reference to an Incorporated Aboriginal Association;
    (b) a reference to the directors of a company shall be read as a reference to the members of the Governing Committee of an Incorporated Aboriginal Association; and
    (c) a reference to the Court shall be read as a reference to the Federal Court of Australia.".
6. Section 67 of the Principal Act is repealed and the following section substituted:

Application of provisions of Companies Act to winding up of Incorporated Aboriginal Associations
"67. Subject to this Act, the provisions of the Companies Act