Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p13
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 13/17)
Character Range: 523687–526856

in making, a recommendation in relation to the offers—whether he or she recommends the acceptance of offers under the takeover announcement or recommends against acceptance, and why he or she so recommends; or

      (ii) otherwise—that he or she does not want to make, or

SCHEDULE 1—continued

         does not think himself or herself justified in making, a recommendation, and why not.".

Section 750 (paragraph (12)(b) in Part D):

  Omit the paragraph, substitute:

     "(b) in the case of a Part D statement that is signed as mentioned in paragraph 683(2)(b) or (c)—any liquidator or administrator of the company, or any administrator of the deed of company arrangement, as the case may be;".

Before paragraph 922(1)(a):

  Insert:

      "(aa) an administrator of the body corporate is appointed under section 436A, 436B or 436C;".

Paragraph 922(1)(a):

  Omit ", comes under official management".

Paragraph 922(1)(c):

  After "creditors" insert "or a class of them".

Paragraph 1058(11)(a):

   Omit the paragraph, substitute:

   "(a) it is under administration or being wound up; or".

Paragraph 1252(2)(c):

  Omit the paragraph, substitute:

   "(c) an administrator of the body corporate;

      (ca) an administrator of a deed of company arrangement executed by the body corporate;".

Subparagraph 1274(2)(a)(iv):

  After "422," insert "438D,".

Paragraph 1317C(f):

  Omit the paragraph, substitute:

      "(f) a decision to apply under section 596A or 596B for the Court to summon a person for examination about a corporation's examinable affairs; or

     (g) a decision to apply under section 597A for the Court to require a person to file an affidavit about a corporation's examinable affairs.".

SCHEDULE 1—continued

Paragraph 1318(5)(c):

   "(c) an administrator of the corporation;

      (ca) an administrator of a deed of company arrangement executed by the corporation;".

Paragraph 1321(c):

  Omit the paragraph, substitute:

   "(c) an administrator of a company;

      (ca) an administrator of a deed of company arrangement executed by a company; or".

                  SCHEDULE 2 Section 125

                     AMENDMENTS OF ACTS CONSEQUENT ON PART 4 OF THIS ACT

Australian Meat and Live-stock Corporation Act 1977

Subparagraphs 16F(c)(i), (ii) and (iii):

  Add at the end "or".

Subparagraph 16F(c)(v):

  Omit the subparagraph, substitute:

         "(v) an administrator of the holder of the licence is appointed under section 436A, 436B or 436C of the Corporations Law; or

         (vi) the holder of the licence executes a deed of company arrangement under Part 5.3A of that Law;".

Bankruptcy Act 1966

Subsection 5(1) (definition of "company officer"):

  After paragraph (b) insert:

       "(ba) an administrator, within the meaning of the Corporations Law, of the corporation;

      (bb) an administrator of a deed of company arrangement executed by the corporation under Part 5.3A of that Law;".

After subparagraph 5G(c)(i):

  Insert:

       "(ia) the company is under administration within the meaning of the Corporations Law;

      (ib) a deed of company arrangement that the company executed under