Companies Regulations (Amendment) (Cth)

Statutory Rules 1986 No. 331

Companies Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting pursuant to section 4 of the Acts Interpretation Act 1901 and with the advice of the Federal Executive Council, being advice that, as required by sub-section 577 (2) of the Companies Act 1981,is consistent with resolutions of the Ministerial Council for Companies and Securities, hereby make the following Regulations under the Companies Act 1981 as amended by sections 30, 94, 105, 114, 115 and 123 of the Companies and Securities Legislation (Miscellaneous Amendments) Act 1985.

Dated 13 March 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Lionel Bowen

Attorney-General

 

Definition of “authorized trustee corporation”

1. Regulation 14 of the Companies Regulations is amended by inserting after paragraph (x) the following paragraph:

“(xa) Public Trustee for the Australian Capital Territory;”.

Stock exchanges declared for certain purposes

2. Regulation 15 of the Companies Regulations is amended—

(a) by omitting from sub-regulation (1) “ ‘stock exchange’ in sub-section 5 (1) of the Act, ‘stock exchange’ in paragraphs 100 (4) (a) and (b) and 552 (4) (a), of the Act, and Schedule 9” and substituting “ ‘securities exchange’ in sub-section 5(1) of the Act, ‘securities exchange’ in paragraphs 100 (4) (a) and (b), in the definition of ‘broker’ in sub-section 189 (1), in paragraph (b) of the definition of ‘prescribed corporation’ in sub-section 189 (1), in paragraph 191 (3) (d), in sub-sections 194 (1) and (2), in paragraph 195 (1) (c), in sub-section 198 (2), and in paragraph 552 (4) (a), of the Act, in Forms 3 and 7 of Schedule 4 to the Act and in Schedule 9 to these Regulations”;

 

(S.R. 23/86)—Cat. No.  14/6.3.1986

 

(b) by omitting from sub-regulation (2) “ ‘stock exchange’ ” (wherever occurring) and substituting “‘securities exchange’”; and

(c) by omitting from sub-regulation (2) “and paragraphs 134 (2) (a) and” and substituting “paragraph 134 (2) (a), sub-section 141 (1) and paragraph”.

Prescribed offices under sub-paragraph 8 (8) (a) (ii) of the Act

3. Regulation 17 of the Companies Regulations is amended by omitting paragraph (1) (zd) and substituting the following paragraph:

“(zd) the office of the Public Trustee under the Administration and Probate Ordinance 1929 and the Public Trustee Ordinance 1985 of the Australian Capital Territory;”.

Prescribed information for the purposes of paragraph 315 (2a) (b) and sub-paragraph 316 (1) (a) (ii) of the Act

4. Regulation 62 of the Companies Regulations is amended by inserting “paragraph 315 (2a) (b) and” after “For the purposes of”.

Payments to employees: proof of debt

5. Regulation 117 of the Companies Regulations is amended—

(a) by omitting from sub-regulation (1) “company, or” and substituting “company,”; and

(b) by inserting in sub-regulation (1) “or for retrenchment payments” after “long service leave”.

Schedule 2

6. Schedule 2 to the Companies Regulations is amended—

(a) by omitting from paragraph (c) (first occurring) of Item 7 of Form 2 “or”;

(b) by inserting after paragraph (d) (first occurring) of Item 7 of Form 2 the following word and paragraph:

“; or (e) subject to a section 562a notice”;

(c) by adding after paragraph (d) (second occurring) of Item 7 of Form 2 the following paragraph:

“*(e) Particulars of section 562a notice

(i) the date of the notice....................................................................................................................

(ii) the State or Territory under the law of which the notice was served ................................

(iii) the period of prohibition specified in the notice................................................................. ”;

(d) by omitting note (3) to Form 2 and substituting the following note:

“(3) Sub-sections 5 (8a), (8c) and (8d) set out the circumstances in which a person shall be taken to be or become subject to a section 227 prohibition, a section 227a order, a section 562 order or a section 562a notice.

Full particulars must also be provided if the applicant has at any time been, but no longer is, subject to a section 227 prohibition or a section 562a notice.

 

Where by leave of the Court given under section 227 or section 562a, as the case requires, the applicant is no longer subject to a section 227 prohibition or a section 562a notice, an office copy of the court order shall be annexed whether or not the order is subject to conditions or limitations.

Where the applicant has a status equivalent to that of an insolvent under administration, under the law of a country other than Australia or under the law of an external Territory, full particulars must also be provided.”;

(e) by omitting from paragraph (c) (first occurring) of Item 6 of Form 3 “or”;

(f) by inserting after paragraph (d) (first occurring) of Item 6 of Form 3 the following word and paragraph:

“; or (e) subject to a section 562a notice”;

(g) by inserting after paragraph (d) (second occurring) of Item 6 of Form 3 the following paragraph:

“*(e) Particulars of section 562a notice

(i) the date of the notice....................................................................................................................

(ii) the State or Territory under the law of which the notice was served ................................

(iii) the period of prohibition specified in the notice................................................................. ”;

(h) by omitting note (1) to Form 3 and substituting the following note:

“ (1) Sub-sections 5 (8a), (8b), (8c) and (8d) set out the circumstances in which a person shall be taken to be or become subject to a section 227 prohibition, a section 227a order, a section 562 order or a section 562a notice.

Full particulars must also be provided if the applicant has at any time been, but no longer is, subject to a section 227 prohibition or a section 562a notice.

Where by leave of the Court given under section 227 or section 562a, as the case requires, the applicant is no longer subject to a section 227 prohibition or a section 562a notice, an office copy of the court order shall be annexed whether or not the order is subject to conditions or limitations.

Where the applicant has a status equivalent to that of an insolvent under administration, under the law of a country other than Australia or under the law of an external Territory, full particulars must also be provided.”;

(i) by inserting after paragraph (d) of Item 2 of Form 11 the following word and paragraph:

“; or *(e) subject to a section 562a notice”;

(j) by adding after paragraph (d) of Item 3 of Form 11 the following paragraph:

“*(e) Particulars of section 562a notice

(i) the date of the notice....................................................................................................................

(ii) the State or Territory under the law of which the notice was served.................................

(iii) the period of prohibition specified in the notice................................................................. ”;

(k) by omitting note (1) to Form 11 and substituting the following note:

“(1) Sub-sections 5 (8a), (8b), (8c) and (8d) set out the circumstances in which a person shall be taken to be or become subject to a section 227 prohibition, a section 227a order, a section 562 order or a section 562a notice.”;

(l) by omitting from paragraph (c) (first occurring) of Item 6 of Form 12 “or”;

(m) by inserting after paragraph (d) (first occurring) of Item 6 of Form 12 the following word and paragraph:

“; or (e) subject to a section 562a notice”;

 

(n) by inserting after paragraph (d) (second occurring) of Item 6 of Form 12 the following paragraph:

“*(e) Particulars of section 562a notice

(i) the date of the notice....................................................................................................................

(ii) the State or Territory under the law of which the notice was served.................................

(iii) the period of prohibition specified in the notice................................................................. ”;

(o) by omitting note (1) to Form 12 and substituting the following note:

“(1) Sub-sections 5 (8a), (8b), (8c) and (8d) set out the circumstances in which a person shall be taken to be or become subject to a section 227 prohibition, a section 227a order, a section 562 order or a section 562a notice.

Full particulars must also be provided if the person has at any time been, but no longer is, subject to a section 227 prohibition or a section 562a notice. Where by leave of the Court given under section 227 or section 562a, as the case requires, the person is no longer subject to a section 227 prohibition or a section 562a notice, an office copy of the court order shall be annexed whether or not the order is subject to conditions or limitations.

Where the person has a status equivalent to that of an insolvent under administration, under the law of a country other than Australia or under the law of an external Territory, full particulars must also be provided.”;

(p) by omitting from paragraph (c) (first occurring) of Item 5 of Form 13 “or”;

(q) by inserting after paragraph (d) (first occurring) of Item 5 of Form 13 the following word and paragraph:

“; or (e) subject to a section 562a notice”;

(r) by inserting after paragraph (d) (second occurring) of Item 5 of Form 13 the following paragraph:

“*(e) Particulars of section 562a notice

(i) the date of the notice...................................................................................

(ii) the State or Territory under the law of which the notice was served...............

(iii) the period of prohibition specified in the notice......................................... ”;

(s) by omitting note (1) to Form 13 and substituting the following note:

“(1) Sub-sections 5 (8a), (8b), (8c) and (8d) set out the circumstances in which a person shall be taken to be or become subject to a section 227 prohibition, a section 227a order, a section 562 order or a section 562a notice.

Full particulars must also be provided if the person has at any time been, but no longer is, subject to a section 227 prohibition or a section 562a notice.

Where by leave of the Court given under section 227 or section 562a, as the case requires, the person is no longer subject to a section 227 prohibition or a section 562a notice, an office copy of the court order shall be annexed whether or not the order is subject to conditions or limitations. Where the person has a status equivalent to that of an insolvent under administration, under the law of a country other than Australia or under the law of an external Territory, full particulars must also be provided.;

(t) by inserting in Form 61 to the left of the column heading “Address (3)” the following Column heading: “Date and place of birth (7)”;

(u) by inserting after note (6) to Form 61 the following note:

“(7) Under sub-section 238 (11), this column need not be completed unless the director, principal executive officer or secretary concerned has been appointed or reappointed after the commencement of section 70 of the Companies and Securities Legislation (Miscellaneous Amendments) Act 1985.”;

(v) by omitting from the heading to Form 113 “, members of committee of management, council or other governing body”;

 

(w) by omitting from Form 119 “or members of the governing body or the local governing body of the company”; and

(x) by omitting from clause 5 of Form 122 “, or members of the committee of management, council or other governing body,”.

Schedule 9

7. Schedule 9 to the Companies Regulations is amended—

(a) by omitting from paragraph 2 (g), clause 8 and sub-clause 9 (1) of Part III “Stock Exchange” (wherever occurring) and substituting “securities exchange”; and

(b) by omitting from sub-clause 9 (2) of Part III “stock exchange” and substituting “securities exchange”.

Schedule 10

8. Schedule 10 to the Companies Regulations is amended—

(a) by inserting after Item 28 the following item:

“28a Sub-section 509 (4a)............................................................................. 250”; and

(b) by inserting after Item 30 the following item:

“30a Sub-section 517 (4a)............................................................................. 250”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 March 1986.

2. Statutory Rules 1982 No. 120 as amended by 1982 No. 121; 1983 Nos. 214, 215 and 316; 1984 No. 246; 1985 No. 228.

Printed by Authority by the Commonwealth Government Printer