Document ID: chunk:federal_register_of_legislation:C2010C00237:clause:3_85
Version: federal_register_of_legislation:C2010C00237
Segment Type: clause
Provision Reference: sch 3 cl 85
Character Range: 88407–90474

85  Request to Governing Committee to call meeting

(1) If, before commencement:
 (a) a request had been made under subsection 58B(2) of the old Act for the calling of a special general meeting of a transitional corporation; and
 (b) either:
 (i) the Governing Committee of the transitional corporation had not applied to the ACA Registrar under subsection 58B(2) of the old Act in relation to the request; or
 (ii) the Governing Committee of the transitional corporation had applied to the ACA Registrar under subsection 58B(2) of the old Act in relation to the request and the ACA Registrar had decided that the request was not frivolous, unreasonable or contrary to the interests of the members of the transitional corporation; and
 (c) the meeting had not been called;
the request is taken to be a request under section 201‑5 of the new Act by at least the number of members required under subsection 201‑5(4) of the new Act.

(2) If, before commencement:
 (a) the Governing Committee of a transitional corporation had applied to the ACA Registrar under subsection 58B(2) of the old Act in relation to a request under that subsection for the calling of a special general meeting of the transitional corporation; and
 (b) the ACA Registrar had not considered the application;
the application is taken to be an application to the CATSI Registrar under subsection 201‑10(1) of the new Act.

(3) If, before commencement:
 (a) a request had been made under subsection 58B(2) of the old Act for the calling of a special general meeting of a transitional corporation; and
 (b) the ACA Registrar had decided that the request was not frivolous, not unreasonable and not contrary to the interests of the members of the transitional corporation concerned and had notified the Governing Committee of the decision; and
 (c) the meeting had not been called;
the directors of the transitional corporation must call a general meeting of the transitional corporation within 21 days of being notified of the ACA Registrar's decision.

Division 5—Compliance and enforcement steps