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Companies Amendment Act 1985

No. 140 of 1985

TABLE OF PROVISIONS

Section
       1. Short title, &c.
       2. Commencement
       3. Persons having dealings with companies, &c.
       4. Register of directors, principal executive officers and secretaries
       5. Annual return
       6. Repeal of section 264
       7. Exemption of certain companies
       8. Insertion of new section—
             265a. Information in annual return deemed to satisfy certain other lodgment requirements
       9. Profit and loss account, balance-sheet and group accounts
       10. Insertion of new section—
             275a. Commission may require company to lodge accounts, &c.
       11. Failure to comply with Division
       12. Exempt proprietary company need not appoint auditor in certain circumstances

Companies Amendment Act 1985

No. 140 of 1985

An Act to amend the Companies Act 1981

[Assented to 4 December 1985]

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

Short title, &c.
1. (1) This Act may be cited as the Companies Amendment Act 1985.
(2) The Companies Act 19811 is in this Act referred to as the Principal Act.

Commencement
2. (1) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent.
(2) Sections 3 to 12 (inclusive) shall come into operation on a day to be fixed by Proclamation.

Persons having dealings with companies, &c.
3. Section 68a of the Principal Act is amended by omitting from paragraph (3) (b) "or with the Registrar of Companies under the" and substituting "or 263 or with the Registrar of Companies under a".

Register of directors, principal executive officers and secretaries
4. Section 238 of the Principal Act is amended—
    (a) by inserting in sub-section (9) "or section 263" after "under this section"; and
    (b) by omitting from sub-section (10) "or lodged with the Registrar of Companies pursuant to a corresponding provision of a previous law of the Territory" and substituting "or section 263, or lodged with the Registrar of Companies pursuant to a provision of a previous law of the Territory with which this section corresponds".

Annual return
5. Section 263 of the Principal Act is amended—
    (a) by omitting sub-section (1) and substituting the following sub-sections:
    "(1) A company shall, after the end of a financial year of the company and before the end of the period of one month commencing immediately after—
        (a) unless paragraph (b) applies—the day of the annual general meeting of the company that is held in relation to that financial year; or
        (b) if no annual general meeting of the company is held in relation to that financial year within the period within which section 240 requires it to be so held—the end of the last-mentioned period,
     lodge