Document ID: chunk:federal_register_of_legislation:C2004A02530:body:0:p10
Version: federal_register_of_legislation:C2004A02530
Segment Type: other
Provision Reference: 
Character Range: 23447–26366

by omitting sub-section (6).

Certificate authorizing application for transfer of incorporation
30. Section 83 of the Principal Act is amended by omitting from paragraph (5) (a) "lodged" and substituting "filed".

Application of this Act to corporations registered under this Division
31. Section 90 of the Principal Act is amended by omitting from sub-section (6) "1980" and substituting "1981".

Invitations or offers in relation to borrowings by a corporation
132. Section 97 of the Principal Act is amended by omitting from sub-paragraph (5) (b) (ii) "a registered company auditor" and substituting "the registered company auditor who has made the report required to be included in the prospectus by paragraph 98 (1) (e)".

Contents of prospectuses
33. Section 98 of the Principal Act is amended—
    (a) by omitting paragraph (1) (e) and substituting the following paragraphs:
        "(e) shall contain a report by a registered company auditor (to be headed 'Investigating Accountant's Report') containing the prescribed matters and such other matters as the Commission requires;
        (ea) shall set out the prescribed matters and contain the prescribed reports;
        (eb) shall set out such other matters as the Commission requires and contain such other reports as the Commission requires;";
    (b) by omitting from sub-section (3) "paragraph (1) (e)" and substituting "sub-section (1)";
    (c) by inserting after sub-section (3) the following sub-section:
    "(3a) A report contained in a prospectus in accordance with sub-section (1) or in accordance with a requirement made by the Commission under that sub-section shall either—
        (a) indicate by way of note any adjustments as respects the figures of any profit or loss or assets and liabilities dealt with by the report that appear necessary to the person or persons making the report; or
        (b) make those adjustments and indicate by way of note that adjustments have been made and the nature of those adjustments."; and
    (d) by omitting sub-section (4) and substituting the following sub-section:
    "(4) Without limiting the generality of sub-section (1), the Commission may require that a report that is required, pursuant to sub-section (1) or pursuant to a requirement made under that sub-section, to be contained in a prospectus shall contain accounts that comply with the requirements set out in the regulations in force for the time being under sub-section 269 (8) or with such of those requirements as are specified by the Commission.".

Retention of over-subscriptions in debenture issues
34. Section 102 of the Principal Act is amended by omitting from sub-section (2) "98 (1) (e)" and substituting "98 (1) (ea)".

Rights of holders of classes of shares
35. Section 125 of the Principal Act is amended by adding at the end thereof the following sub-section:
"(9) Nothing in section 73 or 76 affects the operation of this