Companies (Miscellaneous Amendments) Act 1981 (Cth)
TABLE OF PROVISIONS
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENTS OF ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976
3. Principal Act
4. Interpretation
5. Substitution of section—
62. Application of provisions of Companies Act relating to compositions with creditors
6. Substitution of section—
67. Application of provisions of Companies Act to winding up of Incorporated Aboriginal Associations
PART III—AMENDMENT OF ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976
7. Principal Act
8. Offence in connection with mining interest
PART IV—AMENDMENTS OF AUSTRALIAN BICENTENNIAL AUTHORITY ACT 1980
9. Principal Act
10. Power of Prime Minister to terminate appointment of Chairman in certain circumstances
11. Appointment of senior officers of Authority
12. Authority may form, and invest in, companies for certain purposes
13. Exemption from taxation
14. Winding up of Authority
PART V—AMENDMENT OF AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933
15. Principal Act
16. Rules of Court
PART VI—AMENDMENT OF AUSTRALIAN CAPITAL TERRITORY TAXATION (ADMINISTRATION) ACT 1969
Section
17. Principal Act
18. Insertion of new Division—
58a. Transfer of marketable securities not to be registered unless duly stamped
PART VII—AMENDMENTS OF BANKS (SHAREHOLDINGS) ACT 1972
19. Principal Act
20. Interests in shares
PART VIII—AMENDMENT OF FINANCIAL CORPORATIONS ACT 1974
21. Principal Act
22. Related corporations
PART IX—AMENDMENTS OF INDUSTRIAL RESEARCH AND DEVELOPMENT GRANTS ACT 1967
23. Principal Act
24. Interpretation
PART X—AMENDMENTS OF INSURANCE ACT 1973
25. Principal Act
26. Interpretation
27. References to related bodies corporate
28. Application for authority
29. Valuation of assets
30. Definitions
31. Appointment of Auditor
32. Definitions
33. Part IV not to affect operation of certain laws
34. Part V not to affect operation of certain laws
35. Offences
PART XI—AMENDMENTS OF LIFE INSURANCE ACT 1945
Division 1—Amendment Relating to Acquisition of Shares in Companies 36. Documents lodged or furnished under laws relating to acquisition of shares
Division 2 —Amendments Consequential on Enactment of Companies Act 198137. Principal Act
38. Interpretation
39. Terms and conditions of appointment
40. Documents lodged or furnished under laws relating to acquisition of shares
PART XII—AMENDMENT OF PETROLEUM (SUBMERGED LANDS) (REGISTRATION FEES) ACT 1967
41. Principal Act
42. Imposition of registration fees
PART XIII—AMENDMENT OF STRUCTURAL ADJUSTMENT (LOAN GUARANTEES) ACT 1974
43. Principal Act
44. Further conditions relating to guarantees
PART XIV—OTHER AMENDMENTS
45. Other amendments
SCHEDULE
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BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
“(b) a name of a kind that the Ministerial Council for Companies and Securities has, for the purposes of the
Companies Act 1981, directed the National Companies and Securities Commission not to accept for registration under that Act.”.
“62. Subject to this Act,
the provisions of the
(a) a reference to a company shall be read as a reference to an Incorporated Aboriginal Association;
(b) a reference to the directors of a company shall be read as a reference to the members of the Governing Committee of an Incorporated Aboriginal Association; and
(c) a reference to the Court shall be read as a reference to the Federal Court of Australia.”.
“67. Subject to this Act,
the provisions of the
(a) a reference to a company shall be read as a reference to an Incorporated Aboriginal Association;
(b) a reference to the directors of a company shall be read as a reference to the members of the Governing Committee of an Incorporated Aboriginal Association;
(c) a reference to the secretary of a company shall be read as a reference to the public officer of an Incorporated Aboriginal Association;
(d) a reference to the principal place of business of a company shall be read as a reference to the official address of the public officer of an Incorporated Aboriginal Association;
(e) a reference to the Court shall be read as a reference to the Federal Court of Australia; and
(f) a reference to the Commission shall be read as a reference to the Registrar of Aboriginal Corporations.”.
(a) by omitting from paragraph (a) of sub-section (3)
“ Companies Ordinance 1962” and substituting“ Companies Act 1981”;(b) by omitting from sub-paragraph (i) of paragraph (b) of sub-section (3) “Registrar of Companies holding office under the
Companies Ordinance 1962” and substituting ‘‘office of the Corporate Affairs Commission for the Australian Capital Territory”; and(c) by omitting from paragraph (c) of sub-section (3) “sub-sections 254 (2) and (3) of the
Companies Ordinance 1962” and substituting “sub-sections 254 (2) and (3) of theCompanies Act 1981”.
(a) by inserting in paragraph (b) of sub-section (1) “of the Commonwealth or” after “any law”; and
(b) by omitting sub-section (5).
“58a. A transfer of a share in the capital of, or a debenture of, a company shall not be registered, recorded or entered in the books of the company unless the instrument of transfer—
(a) bears a statement in respect of the sale or purchase to which the transaction relates, made in accordance with section 52 of this Act or in
accordance with a provision of a law of a State or another Territory relating to stamp duty, to the effect that stamp duty, if payable, has been or will be paid;
(b) has been duly stamped for the purposes of this Act or of a law of a State or another Territory relating to stamp duty; or
(c) bears a stamp affixed or impressed under section 17 of this Act or under a provision of a law of a State or another Territory relating to stamp duty to the effect that no tax or stamp duty is payable.”.
(a) by omitting paragraph (a) of sub-section (3) and substituting the following paragraph:
“(a) a right, being a right or an interest of a kind described in the definition of ‘prescribed interest’ in sub-section (1) of section 5 of the
Companies Act 1981, was issued or offered to the public for subscription or purchase;”;(b) by omitting from paragraph (c) of sub-section (3) “that section or corresponding provision” and substituting “section 164 of the
Companies Act 1981”; and(c) by omitting sub-paragraph (i) of paragraph (a) of sub-section (5) and substituting the following sub-paragraph:
“(i) a corporation that, by virtue of sub-section (5) of section 7 of the
Companies Act 1981, is related to that other person;”.
(a) by inserting “of the Commonwealth,” after “law” in paragraph (a) of the definition of “eligible company” in sub-section (1); and
(b) by omitting from paragraph (b) of sub-section (9)
“ Companies Ordinance 1962-1971 of the Australian Capital Territory, but, in determining such a question, paragraph (b) of sub-section (1) of section 6 of that Ordinance shall be disregarded” and substituting“ Companies Act 1981, but, in determining such a question, paragraph (b) of sub-section (1) of section 7 of that Act shall be disregarded”.
(a) by inserting “prescribed” before “interests” (twice occurring) in the definition of “affairs” in sub-section (1); and
(b) by omitting the definition of “interest” from sub-section (1) and substituting the following definition:
“ ‘prescribed interest’ means a prescribed interest as defined by sub-section 5 (1) of the
Companies Act 1981;”.
“(3) In this section, ‘officer’,
in relation to a body corporate, has the same meaning as that expression has in
relation to a corporation under the
“(1) A company, being a company registered under this Act or the holding company of a company so registered, shall, within 7 days after—
(a) the company lodges a document, or a copy of a document, with a person holding an office established by or under a law of the Commonwealth, of a State or of a Territory or with a body so established; or
(b) a document, or a copy of a document, is furnished to the company, for the purposes of the
Companies (Acquisition of Shares )Act 1980 or the corresponding law of a State or of a Territory other than the Australian Capital Territory, lodge a copy of that document with the Commissioner.”.
(a) by omitting from sub-section (2)
“ Companies Ordinance 1962 of the Australian Capital Territory” and substituting“ Companies Act 1981”; and(b) by omitting from sub-section (2) “that Ordinance” (twice occurring) and substituting “that Act”.
“(a) they are companies that would be deemed to be related to each other for the purposes of the
Companies Act 1981 if that Act were applicable to them; or”.
Acts | Provisions | Amendments |
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| Omit “a law of”, substitute “a law in force in” |
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|
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| Insert “of the Commonwealth or after “law” |
| Sub-paragraph 71 (1) (b) (iii)........... | Insert “of the Commonwealth or” after “law” |
Paragraph 82u (1) (b)...................... |
| |
| Insert “of the Commonwealth or after “law” | |
Paragraph 13 (g)............................. | Insert “of the Commonwealth,” after “law” | |
|
| |
| Omit “the law of”, substitute “a law in force in” | |
Sub-paragraph 103a (2) (d) (iii)....... |
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Section 74a................................... | Insert “of the Commonwealth or” after “law” | |
Sub-paragraph 4 (2) (b) (i)............... |
| |
Sub-paragraph 11 (1) (i) (i).............. |
| |
| Omit “the law of”, substitute “a law in force in” | |
| Omit “the law of”, substitute “a law in force in” | |
|
| Omit “the law of”, substitute “a law in force in” |
| Omit “the law of”, substitute “a law in force in” | |
| Omit “the law of”, substitute “a law in force in” | |
| Omit “a law of”, substitute “a law in force in” | |
| Omit “a law of”, substitute “a law in force in” | |
| Omit “a law of”, substitute “a law in force in” | |
| Omit “a law of”, substitute “a law in force in” | |
| Omit “a law of”, substitute “a law in force in” |
Acts | Provisions | Amendments |
| Omit “a law of”, substitute “a law in force in” | |
|
| Omit “a law of”, substitute “a law in force in” |
|
| Omit “the law of”, substitute “a law in force in” |
|
| Omit “the law of”, substitute “a law in force in” |
Paragraph 119p (1) (b)........................... |
| |
| Insert “of the Commonwealth or” after “law” | |
Sub-paragraph 132 (1) (b) (iii)................ | Insert “of the Commonwealth or” after “law” | |
Section 3.............................................. | Insert “of the Commonwealth or” after “law” |
1. No. 186, 1976, as amended. For previous amendments, see No. 56, 1978.
2. No. 191, 1976, as amended. For previous amendments, see Nos. 21, 70 and 83, 1978; No. 189, 1979; and No. 72, 1980.
3. No. 49, 1980.
4. No. 34, 1933, as amended. For previous amendments, see No. 27, 1935; No. 57, 1945; No. 52, 1947; No. 65, 1948; Nos. 51 and 80, 1950; Nos. 17 and 36, 1955; No. 47, 1956; No. 34, 1957; No. 43, 1958; No. 51, 1959; No. 110, 1960; No. 109, 1964; No. 92, 1965; Nos. 8 and 93, 1966; No. 156, 1968; No. 40, 1969; Nos. 13 and 98, 1971; No. 216, 1973 (as amended by No. 20, 1974); No. 158, 1976; and No. 3, 1978.
5. No. 42, 1969, as amended. For previous amendments, see No. 216, 1973 (as amended by No. 20, 1974).
6. No. 2, 1972, as amended. For previous amendments, see No. 216, 1973 (as amended by No. 20, 1974).
7. No. 36, 1974, as amended. For previous amendments, see No. 157, 1976.
8. No. 51, 1967, as amended. For previous amendments, see No. 59, 1972; No. 201, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 85, 1976; and No. 36, 1978.
9. No. 76, 1973, as amended. For previous amendments, see No. 216, 1973 (as amended by No. 20, 1974); No. 157, 1976; and No. 31, 1977.
10. No. 28, 1945, as amended. For previous amendments, see Nos. 65 and 80, 1950; No. 94, 1953; No. 3, 1958; No. 93, 1959; No. 29, 1961; No. 145, 1965; No. 78, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 32, 1977; and No. 177, 1978.
11. No. 123, 1967, as amended. For previous amendments, see No. 82, 1980.
12. No. 155, 1974.
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