Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p47
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 115421–118250

other person has—
          (i) on 2 or more occasions, contravened or failed to comply with a particular provision of a relevant Act;
          (ii) contravened or failed to comply with 2 or more provisions of a relevant Act; or
          (iii) contravened or failed to comply with provisions of 2 or more relevant Acts.
"(7) For the purposes of this section—
     (a) each of the following persons is a prescribed person in relation to a corporation:
          (i) an official manager, liquidator or provisional liquidator of the corporation;
          (ii) a member of the corporation;
          (iii) a creditor of the corporation;
          (iv) a person who is authorized by the Commission to make applications under this section, or to make an application under this section in relation to the corporation,
     (b) each of the following laws is a relevant Act:
          (i) this Act, the Companies (Acquisition of Shares) Act 1980 and the Securities Industry Act 1980;
          (ii) a previous law of the Territory with which an Act referred to in sub-paragraph (i) corresponds;
          (iii) a law of a State or of another Territory that corresponds with an Act referred to in sub-paragraph (i);
          (iv) a previous law of a State or of another Territory with which a law referred to in sub-paragraph (iii) corresponds; and
     (c) 'relevant officer', in relation to a corporation, means a director, secretary or executive officer of the corporation.".

Duty and liability of officers
71. Section 229 of the Principal Act is amended—
     (a) by omitting from paragraph (5) (b) "the property or part of the"; and
     (b) by inserting in paragraph (5) (b) ", or any other authorized person who enters into possession or assumes control of property of the corporation for the purpose of enforcing any charge" after "corporation".

Loans to directors
72. Section 230 of the Principal Act is amended by omitting from sub-paragraph (4) (b) (i) "(i) nor (ii)" and substituting "(ii) nor (iii)".

73. After section 238 of the Principal Act the following section is inserted in Division 2 of Part V:

Register of Disqualified Company Directors and Other Officers
"238a. (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 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.
"(2) A person may inspect and make copies of, or take extracts from, the Register of Disqualified Company Directors and Other Officers.".

Convening of general meeting on requisition
74. Section 241 of the Principal Act is amended—
     (a) by omitting sub-section (1) and substituting the following