Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p47
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 117264–120132

relation to a company, being a prescribed benefit in relation to which paragraph (1) (a) or (b) would apply, means any other prescribed benefit (including an exempt benefit) given, or proposed to be given, in connection with the retirement of the person from the prescribed office;
         'superannuation fund' means a provident, benefit, superannuation or retirement fund."; and
     (g) by omitting sub-section (8) and substituting the following sub-section:
    "(8) The giving of approval by a company for the giving of a prescribed benefit as mentioned in paragraph (1) (c) does not relieve a director of the company of any duty to the company under section 229 or otherwise, and whether of a fiduciary nature or not, in connection with the giving of the prescribed benefit.
    Penalty: $2,500 or imprisonment for 6 months, or both.".

Register of directors, principal executive officer and secretaries
70. Section 238 of the Principal Act is amended—
     (a) by omitting paragraph (2) (a) and substituting the following paragraph:
         "(a) the present Christian or given name and surname, any former Christian or given name or surname, the date and place of birth, the usual residential address, and the business occupation (if any), of the director; and";
     (b) by omitting from sub-section (4) "and address" and substituting ", date and place of birth, address";
     (c) by inserting in paragraph (7) (c) " date and place of birth," before "address"; and
     (d) by adding at the end the following sub-section:
    "(11) Sub-sections (2), (4) and (7), as in force after the commencement of section 70 of the Companies and Securities Legislation (Miscellaneous Amendments) Act 1985, apply in relation

    to a director, principal executive officer or secretary of a company who is appointed or re-appointed after that commencement.".

Register of Disqualified Company Directors and Other Officers
71. Section 238a of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:
"(1) The Commission shall cause to be kept for the purposes of this Act a Register of Disqualified Company Directors and Other Officers consisting of—
     (a) a copy of each order made under sub-section 227a (1) or 562 (2) or under a provision of a law of a participating State or participating Territory that corresponds with either of those sub-sections; and
     (b) a copy of each notice served under sub-section 562a (3) or under a provision of a law of a participating State or participating Territory that corresponds with that sub-section.".

72. After section 255 of the Principal Act the following section is inserted:

Notices relating to non-beneficial and beneficial ownership of shares
"255a. (1) Where, at a particular time—
     (a) an instrument of transfer of shares in a company is lodged, by or on behalf of