Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p138
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 138/212)
Character Range: 364003–366766

before "made" (last occurring).

Subsection 91 (4):

  Insert "in force or" before "served" (last occurring).

Paragraph 237 (4) (a):

Omit "required by subsection (1) to be disclosed", substitute "to be disclosed for the purposes of subsection (2)".

SCHEDULE 3—continued

Paragraph 244 (1) (a):

   (a) Omit "from the public".

   (b) Omit "to the public".

Subsections 289 (11) and (12):

  Omit the subsections.

Subsection 335 (3):

   (a) Omit "may", substitute "must".

   (b) Omit "if" (second occurring), substitute "when".

Section 335:

  Add at the end:

"(4) A company that is required to comply with subsection (3) in relation to a partly completed annual return is to be taken not to comply with subsection (1) in relation to the financial year concerned unless and until it complies with subsection (3) in relation to that return.

"(5) A company need not comply with subsection (3) in relation to a partly completed annual return if it instead completes and lodges, in accordance with this Part (other than that subsection) an annual return in a form in relation to which approval is in force under subsection (6) in relation to the case.

"(6) The Commission may, for the purposes of subsection (5), approve in writing, for use in specified cases, forms of annual return that are not inconsistent with the form or forms prescribed for the purposes of subsection (1).".

Paragraph 348 (b):

Omit "unless the local agent satisfies the court or tribunal hearing the matter that the local agent should not be so liable", substitute "if the court or tribunal hearing the matter is satisfied that the local agent should be so liable".

Section 349:

  Add at the end:

"(9) A registered foreign company in relation to which a notice is in force under subsection (7) must, at least once in every calendar year, lodge with the Commission a return in the prescribed form made up to the date of its annual general meeting.

"(10) The return must be lodged within 1 month after the date to which it is made up, or within such further period as the Commission, in special circumstances, allows.".

SCHEDULE 3—continued

Section 411:

  After subsection (1), insert:

  "(1a) Where:

   (a) a compromise or arrangement is proposed:

         (i) between 30 or more Part 5.1 bodies that are wholly-owned subsidiaries of a holding company and the creditors or a class of the creditors of each of those subsidiaries; and

         (ii) between the holding company and the creditors or a class of the creditors of the holding company; and

     (b) the proposed compromise or arrangement in relation to each subsidiary includes a term that orders will be sought under section 413 transferring the whole of the undertaking and of the property and liabilities of