COMPANIES (AMENDMENT) ACT.
ANNO VICESIMO
ELIZABETHE II REGINE
Act No. 61 ,1971 .
An Act to make provisions with respect to the dis closure of substantial shareholdings in companies, take-over offers for shares in companies and related matters, the accounts of companies and the auditing of those accounts, and the investigation of the affairs of companies; for these and other purposes to amend the Companies Act, 1961, the Public Accountants Registration Act, 1945, the Business Names Act, 1962, the Companies (Trans fer of Domicile) Act, 1968, and the Securities Industry Act, 1970; to validate certain matters; and for purposes connected therewith. [Assented to, 15th December, 1971.]
BE
T > E it enacted by the Queen's Most Excellent Majesty, by
" and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: —
PART I.
PRELIMINARY.
1. (1) This Act may be cited as the "Companies}
| (Amendment) Act, 1971". | j |
| (2) This Part of this Act shall commence on the day upon which this Act receives the Royal assent. | |
| (3) Subject to subsection two of this section, this Act shall commence in accordance with subsection four of this section. | |
| (4) The Governor may appoint, and notify by proclamation published in the Gazette, the day upon which a Part or provision of this Act shall commence and may, at different times, appoint different days for different Parts or provisions, and the Part or provision to which such a procla mation relates shall commence as specified therein. | |
| (5) The Companies Act, 1961, is in this Act referred to as the Principal Act. |
2. This Act is divided, as follows—
PART I.—PRELIMINARY—ss. 1 and 2.
PART II.—SUBSTANTIAL SHAREHOLDINGS, DIRECTORS' INTERESTS AND TAKE-OVERS—ss. 3-5.
PART I I I .—ACCOUNTS AND AUDIT—s . 6. PART IV.—SPECIAL INVESTIGATIONS—ss. 7 and 8.
PART V.—DEFAULTING OFFICERS—s. 9.PART VI.—MISCELLANEOUS—ss. 10-29.
PART
PART II.
SUBSTANTIAL SHAREHOLDINGS, DIRECTORS' INTERESTS AND
TAKE-OVERS.
3. The Principal Act is amended—
(a) (i) by omitting from the matter relating to Part I in section three the figure "6" and by inserting in lieu thereof the figure "6A" ;
(ii) by inserting next after the matter relating to Division 3 of Part IV in the same section the following new matter : —
DIVISION 3A.—Substantial Shareholdings—
ss. 69A-69N.
(iii) by inserting immediately before the matter relating to Part VII in the same section the following new matter :—
PART VIB.—TAKE-OVERS—SS. 1 8 0 A —
180Y.
(b) (i) by inserting at the end of subsection one of
section five the following new definition :— "Voting share", in relation to a body corporate, means an issued share in the body corporate, not being—
(a)
a share to which, in no circum stances, is there attached a right to vote; or
(b) a share to which there is attached a right to vote only in one or more of the following circumstances…