Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p84
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 84/212)
Character Range: 221923–224918

to a financial year of the company ending before that day;".

Amendments of Chapter 4

Heading to Division 1 of Part 4.1:

  Omit "corporations", substitute "bodies".

SCHEDULE 1—continued

Section 340:

  Repeal the section, substitute:

When a registrable Australian body may carry on business in this jurisdiction

"340. A registrable Australian body must not carry on business in this jurisdiction unless:

  (a) it is incorporated in this jurisdiction; or

     (b) it is unincorporated but is formed, or has its head office or principal place of business, in this jurisdiction; or

  (c) it is registered under this Division or a corresponding law; or

     (d) it has applied to be so registered and the application has not been dealt with.".

Section 341:

Omit "Subject to this Part, where a registrable Australian corporation lodges for registration under this Division:", substitute "Subject to section 102a and this Part, where a registrable Australian body lodges an application for registration under this Division that is in the prescribed form and is accompanied by:".

Paragraph 341 (d):

     (a) Before "in relation to" insert "unless the body is a registrable local body—".

   (b) Omit "corporation" (wherever occurring), substitute "body".

Subparagraph 341 (e) (i):

  Omit "Act", substitute "Law or a corresponding law".

Paragraphs 341 (g) and (h):

  Omit the paragraphs, substitute:

      "(g) grant the application and register the body under this Division by entering the body's name in a register kept for the purposes of this Division and of each corresponding law; and

      (h) allot to the body a registration number distinct from the registration number of each body corporate (other than the body) already registered under Part 2.2, this Part or a law corresponding to Part 2.2 or to this Part.".

After section 342 (1):

  Insert:

"(1a) For the purposes of this section, a body carries on business if, and only if, the body carries on business in this jurisdiction or elsewhere.".

SCHEDULE 1—continued

Subsection 342 (1):

  Omit "interstate".

Subsection 342 (2):

  Omit "interstate".

Subsection 342 (3):

  Omit "interstate".

Paragraph 342 (9) (a):

  Omit "interstate".

Section 342:

   (a) Omit "corporation" (wherever occurring), substitute "body".

   (b) Omit "corporation's" (wherever occurring), substitute "body's".

Section 343:

  Repeal the section, substitute:

When a foreign company may carry on business in this jurisdiction

"343. A foreign company must not carry on business in this jurisdiction unless:

   (a) it is registered under this Division or a corresponding law; or

     (b) it has applied to be so registered and the application has not been dealt with.".

Section 344:

Omit "Subject to this Part, where a foreign company lodges for registration under this Division:", substitute "Subject to section 102a and this Part, where a foreign company lodges an application for registration under this Division that is in