Commonwealth Serum Laboratories (Conversion into Public Company) Regulations (Cth)

Statutory Rules 1990 No. 4061

Commonwealth Serum Laboratories (Conversion into Public Company) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901,hereby make the following Regulations under the Commonwealth Serum Laboratories Act 1961.

Dated 10 December 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

B. Howe.

Minister of State for Community Services and Health

 

Citation

1. These Regulations may be cited as the Commonwealth Serum Laboratories (Conversion into Public Company) Regulations.

Interpretation

2. In these Regulations, unless the contrary intention appears:

“the Act” means the Commonwealth Serum Laboratories Act 1961;

“the Companies Act” means the Companies Act 1981.

Form of application for registration

3. For the purposes of section 44c of the Act, the application under subsection 85 (1) of the Companies Act must be in accordance with the Schedule.

(S.R. 20/90)—Cat. No. 14/12.10.1990

 

Documents to be lodged under s. 85 (4) of the Companies Act

4. For the purposes of subsection 44c (2) of the Act:

(a) the lodging of a certificate signed by a Commissioner of CSL to the effect that:

(i) CSL was established under the Act; and

(ii) CSL is to be converted by the Act into a public company under the name “Commonwealth Serum Laboratories Limited”;

is taken to be compliance with paragraph 85 (4) (a) of the Companies Act; and

(b) the lodging of a certificate signed by a Commissioner of CSL to the effect that:

(i) the registration of Commonwealth Serum Laboratories Limited is to be authorised under the Act; and

(ii) Commonwealth Serum Laboratories Limited will be a company limited by shares by virtue of the Act: and

(iii) the share capital of Commonwealth Serum Laboratories Limited is the amount ascertained under section 44a of the Act and the capital is divided into shares under that section; and

(iv) CSL has complied with the requirements of the Act relating to the conversion of CSL into a public company under the name “Commonwealth Serum Laboratories Limited”;

is taken to be compliance with paragraph 85 (4) (c) of the Companies Act; and

(c) the lodging of the proposed memorandum, and proposed articles, for Commonwealth Serum Laboratories Limited under paragraph 44c (1) (c) of the Act is taken to be compliance with paragraph 85 (4) (d) of the Companies Act; and

(d) the lodging of a certificate signed by a Commissioner of CSL to the effect that the share capital and allotment of shares are as required by sections 44a and 44b of the Act is taken to be compliance with paragraph 85 (4) (e) of the Companies Act.

   

SCHEDULE Regulation 3

Registered No.:

APPLICATION FOR REGISTRATION AS A COMPANY

............................................................................................................................. a statutory corporation

established under (1).................................................................................................................................

applies to be registered under (2)..............................................................................................................

as a company limited by shares.

1. The address of the principal office of the corporation is.............................................................

2. The corporation is authorised by........................................to apply for registration.

3. The corporation has carried on business in...................................................................................

*4. (To be completed in the case of a corporation that has established a place of business or commenced to carry on business, as shown in paragraph 3). State particulars of business, showing:

(a) the address of the principal place of business; and

(b) the date on which the corporation established a place of business or the period for which it has carried on business, as the case may be; and

(c) the nature of the business.

*5. The share capital and allotment of shares are as required by sections 44aand 44b of the Commonwealth Serum Laboratories Act 1961.

6. The corporation:

(a) is not in the course of being wound up; and

(b) has not had an application lodged to wind it up that has not been dealt with; and

(c) has not had a receiver, or a receiver and manager, appointed, who is acting in respect of property of the corporation; and

(d) is not under official management; and

(e) has not entered into a compromise or arrangement with another person or other persons, the administration of which has not been concluded; and

(f) has not had an application made to a court for the approval of a compromise or arrangement with another person or other persons that has not been dealt with.

Dated at....................on this....................day of.................... 19....

Signed by a Commissioner of the

Commonwealth Serum Laboratories

Commission in the presence of:

(Signature)

(Signature of witness)

* Strike out if inapplicable.

(1) Cite law under which incorporated.

(2) Cite law under which registration is sought.

(3) Insert name of State or Territory in which registration is sought.

NOTE

1. Notified in the Commonwealth of Australia Gazette on 17 December, 1990.

Printed by Authority by the Commonwealth Government Printer