Companies (Commonwealth Brickworks (Canberra) Limited) Act 1979 (ACT)

Companies (Commonwealth Brickworks (Canberra) Limited) Act 1979     No 22 (repealed)

Republication No 3

Effective:  10 October 2003

Republication date: 10 October 2003

As repealed by A2003-41

Unauthorised version prepared by the ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Companies (Commonwealth Brickworks (Canberra) Limited) Act 1979 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)).It also includes any commencement, amendment, repeal or expiry affecting the republished law to 10 October 2003.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or

(b)if the person charged is a corporation—$500.

Companies (Commonwealth Brickworks (Canberra) Limited) Act 1979 (repealed)

Contents

Page

1. Name of Act  2

2. Incorporation with Companies Ordinance  2

3. Interpretation for Act  2

4. Resolution may be passed and registered  2

Schedule 1Resolution  4

Endnotes

1. About the endnotes  5

2. Abbreviation key  5

3. Legislation history  6

4. Earlier republications  6

Companies (Commonwealth Brickworks (Canberra) Limited) Act 1979 (repealed)

An Act to make provision for altering the memorandum of association of Commonwealth Brickworks (Canberra) Limited in certain respects

1. Name of Act

   This Act is the Companies (Commonwealth Brickworks (Canberra) Limited) Act 1979.

2. Incorporation with Companies Ordinance

   This Act is incorporated and shall be read as one with the Companies Ordinance 1962.

3. Interpretation for Act

4. In this Act:

   NoteA definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).

   the company means Commonwealth Brickworks (Canberra) Limited, a company incorporated in the ACT.

5. In this Act, a reference—

   (a)to the memorandum of association of the company; or

   (b)to the articles of association of the company,

   is a reference to the memorandum of association or to the articles of association, as the case may be, registered in relation to the company under the operation of the Companies Ordinance 1954 and the Companies Ordinance 1962.

6. Resolution may be passed and registered

7. A meeting of the company is hereby empowered to pass a resolution in the form set out in schedule 1.

8. The resolution referred to in subsection (1)—

   (a)does not require submission and approval in accordance with clause 8 of the memorandum of association of the company; and

   (b)need not be a special resolution within the meaning of the Companies Ordinance 1962, section 144.

9. The company shall lodge with the registrar—

   (a)a notice of the resolution referred to in subsection (1); and

   (b)a copy of the resolution; and

   (c)a printed copy of the memorandum of association of the company as altered but without any renumbering of the clauses.

10. Notwithstanding anything contained in the Companies Ordinance 1962 or in the memorandum or articles of association of the company, the registrar shall register the resolution lodged with the registrar under subsection (3) and on registration the alteration of the memorandum of association of the company shall take effect.

11. The registrar shall certify on the copy of the memorandum lodged under subsection (3) that the memorandum of association has been altered in accordance with the powers conferred by this Act and the certificate of the registrar is conclusive evidence that all the requirements of this Act with respect to the alteration have been complied with.

12. Notice of the registration effected under subsection (4) shall be published in the way the registrar directs.

Schedule 1Resolution

(see s 4)

That in pursuance of the powers conferred by the Companies (Commonwealth Brickworks (Canberra) Limited) Act 1979 the memorandum of association of the company be altered by omitting clauses 5, 6, 7 and 8.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

   If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.

2. Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	p = page
cl = clause	par = paragraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	prov = provision
div = division	pt = part
exp = expires/expired	r = rule/subrule
Gaz = Gazette	reg = regulation/subregulation
hdg = heading	renum = renumbered
IA = Interpretation Act 1967	reloc = relocated
ins = inserted/added	R[X] = Republication No
LA = Legislation Act 2001	RI = reissue
LR = legislation register	s = section/subsection
LRA = Legislation (Republication) Act 1996	sch = schedule
mod = modified / modification	sdiv = subdivision
No = number	sub = substituted
num = numbered	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

1. Legislation history

   This Act was originally a Commonwealth ordinance—the Companies (Commonwealth Brickworks (Canberra) Limited) Ordinance 1979 No 22 (Cwlth).

   The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

   As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

   Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

   Companies (Commonwealth Brickworks (Canberra) Limited) Act 1979 No 22

   notified 9 August 1979
   commenced 9 August 1979

   as repealed by

   Statute Law Amendment Act 2003 A2003-41 sch 4 pt 4.1

   notified LR 11 September 2003
   s 1, s 2 commenced 11 September 2003 (LA s 75 (1))
   sch 4 pt 4.1 commenced 9 October 2003 (s 2 (1))

   
   
   

2. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	not amended	30 November 1993
2	not amended	18 July 2002

©  Australian Capital Territory 2003