Companies Regulations (Amendment) (Cth)

No judgment structure available for this case.

Statutory Rules 1983 No. 316

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Companies Regulations (Amendment)

TABLE OF PROVISIONS

1.	Commencement
2.	Definition of “authorized trustee corporation”
3.	Declared stock exchanges for the purposes of the Act and Schedule 9
4.	Prescribed stock exchanges for the purposes of sub-clause 7 (5) of Schedule 7
5.	Repeal of regulation 27 and substitution of new Part—

PART IIa—COMPANIES AUDITORS AND LIQUIDATORS DISCIPLINARY BOARD

27.	Allowances and expenses payable for attendance at hearing
27a.	Service of summons under sub-section 30f (1)
27b.	Prescribed period for the purposes of sub-sections 30r (1) and (2)
6.	Insertion of new regulation
54a.	Prescribed authorities for the purposes of sub-section 227 (3)
7.	Certified copies of reports
8.	Repeal of Part IX and substitution of new Part—

PART IX PAYMENTS. DEPOSITS AND DELIVERIES BY LIQUIDATOR

77.	Payment into liquidator’s general account
78.	Deposit of securities
79.	Delivery of securities
80.	Special bank account
81.	Payments out of liquidator’s general account
9.	Quorum
10.	Time allowed for dealing with formal proofs of debt or claim
11.	Postponement of declaration
12.	Addition of new regulation
148.	Prescribed offences and penalties
13.	Schedule 1
14.	Schedule 3
14.	Schedule 3A
16.	Schedule 4
17.	Schedule 6
18.	Schedule 7
19.	Schedule 10
20.	Schedule of amendments
21.	Transitional

S.R. 69/83 Recommended retail price $2.30 72/9.11.1983

ii

TABLE OF PROVISIONS—continued

SCHEDULE

PART 1

AMENDMENTS OF SCHEDULE 2

PART 2

FURTHER AMENDMENTS

Statutory Rules 1983 No. 316

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Companies Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting—

(a) 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; and
(b) in pursuance of section 4 of the Acts Interpretation Act1901, hereby make the following Regulations under the Companies Act1981.

Dated 8 December 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

(sgd) Gareth Evans

Attorney-General

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Commencement

1.These Regulations shall come into operation on 1 January 1984.

Definition of “authorized trustee corporation”

2. Regulation 14 of the Companies Regulations is amended—

(a) by inserting after paragraph (r) the following paragraph:

“(ra) Perpetual Trustees (W.A.) Limited;”; and

(b) by omitting paragraph (zf).

Declared stock exchanges for the purposes of the Act and Schedule 9

3. Regulation 15 of the Companies Regulations is amended—

(a) by adding at the end of paragraph (1) (b) “Limited”; and

(b) by adding at the end of paragraph (2) (d) “Limited”.

Prescribed stock exchanges for the purposes of sub-clause 7 (5) of Schedule 7

4. Regulation 16 of the Companies Regulations is amended by adding at the end of paragraph (h) “Limited”.

Repeal of regulation 27 and substitution of new Part

5. Regulation 27 of the Companies Regulations is repealed and the following Part substituted:

“PART IIa —COMPANIES AUDITORS AND LIQUIDATORS DISCIPLINARY BOARD

Allowances and expenses payable for attendance at hearing

“27. For the purposes of sub-section 30g (4) of the Act, the allowances and expenses that a person who attends at a hearing pursuant to a summons issued under sub-section 30f (1) of the Act is entitled to be paid are such allowances and expenses as the Chairman of the Companies Auditors and Liquidators Disciplinary Board allows in accordance with the scale in Schedule 3a.

Service of summons under sub-section 30f (1)

“27a. In pursuance of sub-section 30h (1) of the Act, a summons under sub-section 30f (1) of the Act shall be served on a person—

(a) by delivering the summons to the person personally; or

(b) by leaving the summons at the last known place of residence or business of the person with a person apparently resident or employed at that place and apparently over the age of 16 years.

Prescribed period for the purposes of sub-sections 30r (1) and (2)

“27b. For the purposes of sub-sections 30r (1) and (2) of the Act, the prescribed period is 28 days, or such further period as the Court may allow, after the date on which notice in writing of the decision is given in accordance with paragraph 30m (1) (a) or (2) (a) of the Act.”.

6. After regulation 54 of the Companies Regulations the following regulation is inserted:

Prescribed authorities for the purposes of sub-section 227 (3)

“54a. Each of the following authorities is a prescribed authority for the purposes of sub-section 227 (3) of the Act:

(a) the Controller of Prisons in Tasmania;

(b) the Corrective Services Commission of New South Wales;

(c) the Director of the Western Australian Prisons Department;

(d) the Executive Director of the Department of Correctional Services of South Australia;

(e) the Governor of the prison in Victoria that had legal custody of the person on the specified date;
(f) the Superintendent of the prison in Queensland that had legal custody of the person on the specified date.”.

Certified copies of reports

7. Paragraph 64 (a) of the Companies Regulations is amended by omitting “the property or part of the property of the company” and substituting “property of the company or registered foreign company”.

8. Part IX of the Companies Regulations is repealed and the following Part substituted:

“PART IX—PAYMENTS, DEPOSITS AND DELIVERIES BY LIQUIDATOR

Payment into liquidator’s general account

“77. A liquidator shall, unless otherwise directed by the Court or the committee of inspection, open a bank account to be known as the liquidator’s general account, into which he shall pay all money received by him not later than 7 days after it has been received.

Deposit of securities

“78. A liquidator shall deposit in the bank with which he opened the liquidator’s general account all bills, notes or other securities payable to the company or the liquidator as soon as possible after they are received by him, in order that they be presented by the bank for acceptance and payment, or payment, as the case requires.

Delivery of securities

“79. All bills, notes or other securities deposited in a bank in accordance with regulation 78 shall be delivered out on the signed request of the liquidator.

Special bank account

“80. (1) The Court may give directions with respect to the payment, deposit or custody of money payable to or into the possession of a liquidator or of bills, notes or other securities so payable.

“(2) Where an application is made to the Court to authorize the liquidator to make payments into and out of a special bank account, the Court may authorize the payments for such time and on such terms as it thinks fit and may at any time order the special bank account to be closed, if it is of the opinion that the account is no longer required.

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“(3) An office copy of every order of the Court under sub-regulation (2) shall be served by the liquidator on the bank with which the special bank account has been opened.

Payments out of liquidator’s general account

“81. All payments out of the liquidator’s general account shall be made by cheque, and every cheque shall have the name of the company marked or written on the face of it and shall be signed by the liquidator.”.

Quorum

9. Regulation 88 of the Companies Regulations is amended by omitting from sub-regulation (1) all words after “or by” and substituting—

“proxy—

(a) where the number of persons entitled to vote exceeds 2, at least 2 of those persons; or

(b) where only one person is, or 2 persons are, entitled to vote—that person or these persons”.

10. Regulation 138 of the Companies Regulations is repealed and the following regulation substituted:

Time allowed for dealing with formal proofs of debt or claim

“138. (1) Where the liquidator has given notice in accordance with sub-regulation 137 (1) of his intention to declare a dividend, he shall—

(a) within 14 days after the date specified, in accordance with sub-regulation 137 (2), in that notice; or
(b) within such further period as the Commission allows,

in writing—

(c) admit a formal proof of debt or claim received by him before the end of that period, reject it, admit it in part and reject it in part, or require further evidence in support of it; and
(d) give notice of his decision to the creditor who submitted the proof.

“(2) Where, within whichever period is applicable pursuant to paragraph (1) (a) or (b) or sub-regulation (3), the liquidator does not, in writing, deal with a formal proof of debt or claim in accordance with paragraphs (1) (c) and (d), the creditor who submitted the proof may apply to the Court for a decision in respect of it.

“(3) Where the liquidator gives notice to a creditor that further evidence is required in relation to a formal proof of debt or claim submitted by the creditor—

(a) the liquidator shall, in writing, deal with the formal proof of debt or claim in accordance with paragraphs (1) (c) and (d), within whichever period referred to in paragraph (1) (a) or (b) is applicable; and

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(b) that period shall be deemed not to have commenced to run until the day on which the liquidator receives a sufficient written answer to his request.”.

Postponement of declaration

11. Regulation 141 of the Companies Regulations is amended by omitting “of publication in the Gazette of a notice in accordance with Form 142” and substituting “specified for that purpose in the notice in accordance with Form 142 published by him in the Gazette”.

12. After regulation 147 of the Companies Regulations the following regulation is inserted:

Prescribed offences and penalties

“148. (1) For the purposes of section 570a of the Act, a prescribed offence is an offence committed under or in relation to a provision of the Act, being a provision that is specified in Column 2 of Schedule 10.

“(2) For the purposes of section 570a of the Act, the prescribed penalty in respect of a prescribed offence is the penalty specified in Column 3 of Schedule 10 opposite the provision specified in Column 2 under or in relation to which the offence has been committed.”.

13. Schedule 1 to the Companies Regulations is repealed and the following Schedule substituted:

SCHEDULE 1 Regulation 3

LIST OF FORMS

Column 1	Column 2	Column 3	Column 4
Provision of the Act	Provision of Regulations	Description of form	No. of form
Regulation 12	Verification or certification of documents or copies of documents	1
Sub-section 17 (2)	Application for registration* as an auditor and as a liquidator	2
Sub-section 17 (2)	Application for registration as a liquidator of a specified corporation	3
Sub-section 18 (5)	Certificate of registration as an auditor	4
Sub-section 20 (6)	Certificate of registration as a liquidator	5
Sub-section 20 (6)	Certificate of registration as a liquidator of a specified corporation	6
Sub-section 21 (2)	Certificate of registration as an official liquidator	7
Sub-section 22 (3)	Regulation 25	Notice of application for discharge of security	8
Sub-section 25 (1) Sub-section 25 (2)	Particulars of cessation or change relating to a person registered as an auditor and *a liquidator, not being the liquidator of a specified corporation	9

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SCHEDULE 1—continued

Column 1	Column 2	Column 3	Column 4
Provision of the Act	Provision of Regulations	Description of form	No. of form
Sub-section 25 (3)	Particulars of cessation or change relating to a liquidator of a specified corporation	10
Sub-section 25 (4)	Notice of a section 227 prohibition, a section 227a order or a section 562 order	11
Sub-section 26 (2)	Triennial statement lodged by auditor
Sub-section 26 (3)	*and liquidator	12
Sub-section 26 (5)	Statement by liquidator of specified corporation	13
Sub-section 30f (1)	Summons to appear before Companies Auditors and Liquidators Disciplinary Board	13a
Paragraph 31 (7) (a)	Certificate that no company was registered under the name	14
Paragraph 31 (8) (b)	Supplementary document	15
Sub-section 35 (2)	Certificate of incorporation of public company	16
Sub-section 35 (2)	Certificate of incorporation of proprietary company	17
Sub-section 40 (1)	Application for (extension of) reservation of name for intended company/*intended foreign company	18
Sub-section 43 (1)	Application for (extension of) reservation of proposed new name/new name of company/registered foreign company	19
Sub-section 46 (1)	Application for (extension of) reservation of name for intended company/*intended foreign company	18
Sub-section 46 (2)	Application for (extension of) reservation of name by which recognized company/foreign company *intends to become registered	19
Sub-section 49 (1)	Application. for (extension of) reservation of proposed new name/new name of company/registered foreign company	19
Sub-section 52 (1)	Application for (extension of)
Sub-section 55 (1)	reservation of name by which recognized company/foreign company intends to become registered	19
Section 58	Application for (extension of) reservation of name for intended company/*intended foreign company	18
Application for (extension of) reservation of proposed new name/new name of company/registered foreign company	19

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SCHEDULE 1—continued

Column 1	Column 2	Column 3	Column 4
Provision of the Act	Provision of Regulations	Description of form	No. of form
Application for (extension of) reservation of name by which recognized company/foreign company intends to become registered	19
Section 59	Notice by company or registered foreign company for the purposes of section 59 or 61	20
Section 61
Sub-section 69 (2)	Application by a company to change to a different status	21
Sub-section 69 (2)	Certificate of incorporation on change of status	22
Sub-paragraph 69 (4) (c) (i)	Assent by members to application by a limited company to convert to an unlimited company	23
Sub-paragraph 69 (4) (c) (ii)
Sub-section 70 (1)	Regulation 28	Notice of resolution	24
Sub-section 70 (2)
Sub-section 70 (3)	Certificate of incorporation on conversion	25
Sub-section 72 (2)	Notice of resolution	24
Sub-section 72 (6)	Certificate of registration of document affecting memorandum of association	26
Sub-section 72 (9)	Certificate of incorporation on change of name of company	27
Sub-section 73 (12)	Notice of resolution	24
Sub-section 73 (13)
Sub-section 83 (1)	Application for certificate authorizing application for transfer of incorporation	28
Sub-paragraph 83 (2) (b) (i)	Declaration by directors of a company desiring transfer of incorporation	29
Sub-paragraph 83 (2) (b) (ii)	Report as to affairs	30
Sub-section 83 (3)	Certificate authorizing application by company for transfer of incorporation	31
Paragraph 84 (2) (a)	Application by recognized company for registration as a company	32
Sub-paragraph 84 (2) (b) (fa)	Notice in relation to registered office	55
Sub-section 85 (4)	Application by foreign company for registration as a company	33
Paragraph 85 (4) (fa)	Notice in relation to registered office	55
Sub-section 86 (5)	Certificate of registration on transfer of incorporation	34
Sub-section 113 (1)	Return of allotment of shares	35
Sub-section 113 (5)	Statement containing particulars of shares allotted otherwise than for cash	36
Paragraph 117 (1) (b)	Statement of payment in relation to subscription for shares	37
Sub-section 120 (8)	Notice of redemption of redeemable preference shares	38
Sub-section 123 (8)	Certificate of registration of special resolution and court order in relation to reduction of share capital	39
Sub-section 124 (1)	Statement of special rights carried by shares	40
Sub-section 124 (2)	Return showing division or conversion of shares into classes	41

SCHEDULE 1—continued

Column 1	Column 2	Column 3	Column 4
Provision of the Act	Provision of Regulations	Description of form	No. of form
Sub-section 137 (1)	Notice of interests of substantial shareholder	42
Sub-section 138 (1)	Change in interests of substantial shareholder	43
Sub-section 139 (1)	Notice of person ceasing to be a substantial shareholder	44
Sub-section 153 (6)	Notice of appointment of successor in place of trustee for holders of debentures	45
Sub-section 173 (1)	Return by management company	46
Paragraph 201 (1) (a)	Notice of particulars of charge	47
Paragraph 201 (1) (b)	Verification of resolution authorizing issue of debentures	48
Paragraph 201 (1) (c)	Verification of copy of instrument creating or evidencing a charge	49
Paragraph 201 (2) (b)	Verification of resolution authorizing issue of debentures	48
Paragraph 201 (5) (a)	Notice of particulars of charge	47
Paragraph 201 (5) (b)	Verification of resolution authorizing issue of debentures	48
Paragraph 201 (5) (c)	Verification of copy of instrument creating or evidencing a charge	49
Paragraph 201 (5) (d)	Verification of resolution authorizing issue of debentures	48
Sub-paragraph 202 (1) (a) (i)	Notice of particulars of charge	47
Sub-paragraph 202 (1) (a) (ii)	Verification of resolution authorizing issue of debentures	48
Sub-paragraph 202 (1) (a) (iii)	Verification of copy of instrument creating or evidencing a charge	49
Sub-section 206 (1)	Notice of assignment of charge	50
Sub-section 206 (2)	Notice of variation in terms of charge	51
Sub-section 207 (1)	*Memorandum of payment or discharge of debt or liability	52
*Memorandum of release of property or part of property from charge	52
Sub-section 210 (1)	Certificate setting out particulars of a charge	53
Sub-section 210 (3)	Certificate of entry of particulars of a charge	54
Sub-section 217 (1)	Notice in relation to registered office	55
Sub-section 217 (2)
Sub-section 217 (3)
Sub-section 217 (4)
Sub-section 220 (1)	Consent to act as director	56
Paragraph 220 (1) (b)	Undertaking by director to take and pay for qualification shares	57
Paragraph 220 (1) (c)	Statement by director of registration of qualification shares	58
Paragraph 220 (1) (d)	Statement by director of entitlement to qualification shares	59
Sub-section 220 (4)	List of persons who have consented to be directors	60
Sub-section 238 (7)	Particulars and changes of particulars in register of directors principal executive officer and secretaries	61
Sub-section 238 (9)	Notice as to the holding of office in a company	62

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SCHEDULE 1—continued

Column 1	Column 2	Column 3	Column 4
Provision of the Act	Provision of Regulations	Description of form	No. of form
Sub-section 238 (10)	Certificate as to holding of the office of director, principal executive officer or secretary	63
Sub-section 239 (3)	Statutory report of .......Limited	64
Sub-section 239 (4)
Sub-section 244 (7)	Regulation 56	Statement concerning copy of minute by representative of holding company relating to proceedings of subsidiary company	65
Sub-section 251 (1)	Notice of resolution	24
Sub-section 261 (2)	Notice under sub-section 261 (2) requiring statement of relevant interest	65a
Sub-paragraph 261 (2) (b) (ii)	Notice requiring company to give notice under sub-section 261 (2)	65b
Sub-section 261 (3)	Notice under sub-section 261 (3) requiring statement of relevant interest

65c
Sub-section 263 (1)	Annual return of a company having share capital	66
Sub-section 263 (1)	Annual return of a company not having share capital	67
Sub-section 267 (6)	Notice of place at which statements and records relating to accounting records outside Australia are kept	68
Paragraph 277 (2) (e)	Return of members of firm of auditors	69
Sub-section 282 (13)	Notice of resignation or removal of auditor	70
Sub-section 295 (1)	Notice in respect of an investigation concerning a corporation	71
Sub-section 295 (3)	Notice requiring the production of books relevant to the affairs of a corporation	72
Sub-section 295 (5)	Certificate by an inspector carrying out an investigation	73
Sub-section 318 (1)	Notice to dissenting shareholder	74
Paragraph 318 (7) (a)	Notice to remaining shareholder	75
Sub-section 326 (1)	Notice of appointment of receiver/receiver and manager of.... Limited	78
Sub-section 326 (1a)	Notice of address of office of receiver/receiver and manager of.... Limited	79
Sub-section 326 (1a)	Notice of change in situation of office of receiver/receiver and manager	80
Sub-section 326 (2)	Notice by receiver/receiver and manager ceasing to act	81
Paragraph 328 (1) (b)	Report as to affairs	30
Sub-section 329 (1)
Sub-section 329 (1)	Statement verifying report	77
Sub-section 330 (1)	Account of receipts and payments by receiver/receiver and manager	76
Sub-section 335 (4)	Report as to affairs	30
Paragraph 335 (9) (a)	Notice of meeting of creditors to consider placing company under official management	82
Paragraph 335 (10) (a)	Summary of affairs	83
Sub-paragraph 338 (2) (a) (i)	Notice of resolution of creditors placing company under official management	84
Sub-paragraph 338 (2) (a) (ii)	Notice to creditors and members of special resolution placing company under official management and of rights under section 353	85

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SCHEDULE 1—continued

Column 1	Column 2	Column 3	Column 4
Provision of the Act	Provision of Regulations	Description of form	No. of form
Paragraph 338 (6) (a)	Notice of order terminating appointment of official manager and appointing registered company auditor as official manager	86
Paragraph 340 (1) (a)	Notice of appointment and of address of office of official manager/deputy official manager	87
Paragraph 340 (1) (b)	Notice of change in situation of office of official manager/deputy official manager	88
Paragraph 340 (2) (a)	Notice by official manager/deputy official manager of resignation or removal from office	89
Sub-sections 342 (6) and (6a)	Notice by official manager consequent on convening six-monthly meeting	90
Sub-section 344 (4)	Notice of special resolution of creditors extending period of official management	91
Sub-section 347 (5)	Report as to affairs	30
Sub-section 347 (11)	Notice by official manager of holding of meetings of members and creditors when company unable to pay debts	92
Paragraph 354 (1) (a)	Notice of order terminating official management	93
Paragraph 354 (1) (a)	Notice of order varying or cancelling resolution for official management	94
Sub-section 355 (12)	Notice relating to meeting of creditors called to receive report of official manager on cessation of office	95
Sub-section 355 (13)
Sub-section 355 (14)
Sub-section 357 (4)	Notice of appointment and of address of office of official manager/deputy official manager	87
Notice of change in situation of office of official manager/deputy official manager	88
Sub-section 357 (5)	Notice by official manager/deputy official manager of resignation or removal from office	89
Paragraph 370 (1) (a)	Notice of application for/dismissal of application for/withdrawal of application for/making of winding up order	96
Paragraph 370 (1) (b)
Paragraph 370 (1) (c)
Sub-section 375 (1)	Report as to affairs	30
Sub-section 375 (1)	Statement verifying report	77
Sub-section 375 (2)
Sub-section 392 (2)	Notice of resolution	24
Sub-section 395 (1)	Declaration of solvency	97
Sub-section 395 (2)
Sub-section 397 (1)	Sub-regulation 84 (2)	Notice of meeting of creditors under section 397	98
Sub-section 397 (7)	Notice of holding of meeting of creditors to consider appointment of another liquidator	99
Sub-paragraph 398 (2) (b) (i)	Summary of affairs	83
Sub-section 398 (5)	Report as to affairs	30
Sub-section 411 (3)
Sub-section 411 (4)	Return by liquidator relating to final meeting	100

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SCHEDULE 1—continued

Column 1	Column 2	Column 3	Column 4
Provision of the Act	Provision of Regulations	Description of form	No. of form
Sub-section 421 (1)	Notice of appointment and of address of office of liquidator (winding up by the Court)	101
Sub-section 421 (1)	Notice of appointment and of address of office of liquidator (members voluntary winding up)	102
Sub-section 421 (1)	Notice of appointment and of address of office of liquidator (creditors voluntary winding up)	103
Sub-section 421 (1)	Notice of change in situation of office of liquidator	104
Sub-section 421 (2)	Notice by liquidator of resignation or removal from office	105
Sub-section 422 (1)	Liquidator’s account of receipts and payments and statement of the position in the winding up	106
Sub-section 454 (1)	Notice of disclaimer of onerous properly	107
Paragraph 454 (6) (a)	Regulation 69	Notice of intention to disclaim lease	108
Paragraph 454 (8) (a)	Application requiring liquidator to decide whether to disclaim property	109
Sub-section 501 (1)	Notice by recognized company/recognized foreign company of principal office and of office hours in participating State or participating Territory	110
Sub-section 501 (2)
Sub-section 501 (3)	Certificate as to address of principal office in participating State or participating Territory	111
Sub-section 502 (1)	Notice by recognized company/recognized foreign company of principal office and of office hours in participating State or participating Territory
Sub-section 502 (2)	110
Section 503	Notice of cessation of business	112
Paragraph 512 (2) (c)	List of/Notice of change or alteration in directors, members of committee of management. council or other governing body
Paragraph 512 (2) (fa)	113
Paragraph 512 (2) (g)	Notice in relation to registered office or principal place of business	114
Paragraph 512 (2) (h)	Statement in writing by agent of foreign company	115
Sub-section 513 (2)	Notice in relation to registered office or principal place of business	114
Sub-section 514 (3)	Notice by foreign company of cessation of agency	116
Sub-section 514 (3)	Notice by agent of foreign company of cessation of agency	117
Sub-section 514 (6)	Certificate of registration of foreign company	118
Sub-section 515 (1)	Notice in relation to registered office or principal place of business	114
Paragraph 515 (2) (a)	Particulars of change or alteration relating to foreign company	119
Paragraph 515 (2) (b)	List of/Notice of change or alteration in directors. members of committee of management. council or other governing body	113

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SCHEDULE 1—continued

Column 1	Column 2	Column 3	Column 4
Provision of the Act	Provision of Regulations	Description of form	No. of form
Paragraph 515 (2) (c)	Particulars of change or alteration relating to agent of foreign company	120
Paragraph 515 (2) (d)	Notice in relation to registered office or principal place of business	114
Paragraph 515 (2) (e)	Particulars of change or alteration relating to foreign company	119
Paragraph 515 (2) (f)
Sub-section 515 (3)	Notice in relation to registered office or principal place of business	114
Sub-section 516 (1)	Statement in writing verifying balance-sheet, profit and loss account, &c., of foreign company	121
Sub-section 516 (8)	Annual return of foreign company	122
Sub-section 518 (1)	Notice of cessation of business	112
Paragraph 518 (11) (a)	Notice by agent of foreign company of liquidation or dissolution of company	123
Sub-section 518 (12)	Notice by foreign company of placing under or termination of official management in place of incorporation	124
Sub-section 521 (10)	Notice in relation to branch register of registered foreign company	153
Sub-section 521 (11)
Paragraph 530a (d)	Consent to specification of address as address of office of corporation	150
Sub-section 534 (3)	Statement in writing in respect of disposal of securities of shareholder whose whereabouts are unknown	151
Sub-section 547 (4)	Notice of office other than registered or principal office at which register or branch register is kept	152
Section 570a	Penalty notice	154
Paragraph 577 (1) (d)	Sub-regulation 84 (2)	Notice of meeting	125
Paragraph 577 (1) (d)	Regulation 85	Statement in writing of posting of notices of meeting	126
Paragraph 577 (1) (d)	Sub-regulation 99 (2)	List of persons present at meeting of (1)..............	127
Paragraph 577 (1) (e)	Regulation 103	Appointment of proxy	128
Paragraph 577 (1) (f)	Sub-regulation 111 (2)	Notice to submit particulars of debts or claims	129
Paragraph 577 (1) (f)	Sub-regulation 120 (2)	Notice inviting formal proof of debt or claim	130
Paragraph 577 (1) (f)	Sub-regulation 121 (2)	Formal proof of debt or claim (general form)	131
Paragraph 577 (1) (f)	Sub-regulation 121 (3)	Formal proof of debt or claim on behalf of employees	132
Paragraph 577 (1) (f)	Sub-regulation 126 (4)	Notice as to rejection of formal proof of debt or claim	133
Paragraph 577 (1) (g)	Regulation 130	Provisional list of contributories	134
Paragraph 577 (1) (ga)
Paragraph 577 (1) (g)	Sub-regulation 131 (1)	Notice to contributories of appointment to settle list of contributories	135
Paragraph 577 (1) (ga)
Paragraph 577 (1) (g)	Sub-regulation 131 (2)	Statement in writing of posting of notices of appointment to settle list or supplementary list of contributories	136
Paragraph 577 (1) (ga)
Paragraph 577 (1) (g)	Sub-regulation 132 (2)	Certificate of liquidator of final settlement of the list of contributories	137
Paragraph 577 (1) (ga)
Paragraph 577 (1) (g)	Sub-regulation 133 (1)	Provisional supplementary list of contributories	138
Paragraph 577 (1) (ga)
Paragraph 577 (1) (g)	Sub-regulation 133 (1)	Certificate of liquidator of settlement of supplementary list of contributories	139
Paragraph 577 (1) (ga)

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SCHEDULE 1—continued

Column 1	Column 2	Column 3	Column 4
Provision of the Act	Provision of Regulations	Description of form	No. of form
Paragraph 577 (1) (g) Paragraph 577 (1) (ga)	Sub-regulation 134 (4)	Notice to contributory of final settlement of list or supplementary list of contributories and of his inclusion in the list	140
Paragraph 577 (1) (g)	Sub-regulation 134 (5)	Statement in writing of giving of notices to persons placed on the list or supplementary list of contributories	141
Paragraph 577 (1) (ga)
Paragraph 577 (1) (g)	Sub-regulation 137 (1)	Notice of intention to declare a dividend	142
Paragraph 577 (1) (ga)
Paragraph 577 (1) (g)	Sub-regulation 137 (1)	Notice to creditor or person claiming to be a creditor of intention to declare a dividend	143
Paragraph 577 (1) (ga)
Paragraph 577 (1) (g)	Sub-regulation 137 (1)	Notice to creditor or person claiming to be a creditor of intention to declare a final dividend	144
Paragraph 577 (1) (ga)
Paragraph 577 (1) (g)	Sub-regulation 139 (3)	Notice of declaration of dividend	145
Paragraph 577 (1) (ga)
Paragraph 577 (1) (g)	Regulation 142	Authority to liquidator to pay dividend to a person named	146
Paragraph 577 (1) (ga)
Paragraph 577 (1) (g)	Sub-regulation 143 (1)	Schedule of contributories, or other persons to whom a distribution of surplus is to be paid	147
Paragraph 577 (1) (ga)
Paragraph 577 (1) (g)	Sub-regulation 143 (2)	Notice of distribution of surplus to contributories or other persons	148
Paragraph 577 (1) (ga)
Paragraph 577 (1) (g)	Regulation 144	Authority to liquidator to pay distribution of surplus to a person named	149
Paragraph 577 (1) (ga)
Sub-section 577 (7)	Penalty notice	154
Sub-section 577 (9)

Schedule 3

14. Schedule 3 to the Companies Regulations is amended—

(a) by omitting “or” from paragraph (f) in Item 1;

(b) by omitting paragraph (g) from Item 1 and substituting the following paragraphs:

“(g) sub-section 257 (2); or

(h) sub-section 261 (10),”;

(c) by omitting “or” from paragraph (h) in Item 3; and

(d) by omitting paragraph (i) from Item 3 and substituting the following paragraphs:

“(i) sub-section 257 (3); or

(j) sub-section 261 (11),”.

Schedule 3A

15. The Companies Regulations are amended by inserting the following Schedule after Schedule 3:

SCHEDULE 3a Regulation 27
Sub-section 30g (4)

COMPANIES AUDITORS AND LIQUIDATORS DISCIPLINARY BOARD-PAYMENTS FOR ATTENDANCE

1. A person who attends at a hearing before the Companies Auditors and Liquidators Disciplinary Board to give evidence because of his professional, scientific or other special skill or knowledge shall be paid a fee of not less than $45 and not more than $250 for each day on which he so attends.
2. A person other than a person referred to in clause 1. who attends at a hearing before the Companies Auditors and Liquidators Disciplinary Board to give evidence or to produce documents shall be paid—

(a) if he is remunerated by wages, salary or fees—

(i) a fee equal to the amount of wages, salary or fees lost by reason of his so attending; or

(ii) a fee of $50 for each day on which he so attends,

whichever is the less: or

(b) if he is not so remunerated—a fee of $30 for each day on which he so attends,

3. A person attending at a hearing before the Companies Auditors and Liquidators Disciplinary Board to give expert evidence shall be paid, in addition to any other fee payable to him under clause 1 or 2. a reasonable amount for qualifying to give that evidence.
4. A person attending at a hearing before the Companies Auditors and Liquidators Disciplinary Board to give evidence or to produce documents shall be paid a reasonable amount—

(a) in respect of his conveyance to and from the place at which he so attends; and

(b) if he is required to be absent overnight from his usual place of residence—for meals and accommodation.

Schedule 4

16. Schedule 4 to the Companies Regulations is amended by omitting clause 10 and substituting the following clauses:

“10. In relation to any payment within the 2 preceding years or any proposed payment, by way of brokerage or commission (but not including commission to sub-underwriters), in consideration of a person or persons—

(a) subscribing or agreeing to subscribe, whether absolutely or conditionally, for shares in or debentures of the corporation; or
(b) procuring or agreeing to procure subscriptions, whether absolute or conditional, for shares in or debentures of the corporation,

the amount or rate of that payment, together with the names of any directors, promoters, experts or proposed directors who are entitled to receive any such payment and the amount or rate of the payment that they are entitled to receive.

“10a. The number of shares for which persons have agreed, for payment by way of brokerage or commission, to subscribe absolutely.”.

Schedule 6

17. Schedule 6 to the Companies Regulations is amended—

(a) by adding at the end of clause 4 “, principal place of business or, in the case of a natural person, business address”;
(b) by omitting clauses 6 and 7 and substituting the following clauses:
“6. The name of the management company and the address of its registered office or principal place of business, as the case may be, and,

if applicable, the name of its principal office in each State and Territory.

“7. The names, descriptions and addresses of all the directors of the management company or of all the members of its governing body, as the case may be.”;
(c) by omitting from paragraph 22 (2) (d) “to the management company”;
(d) by inserting after “management company” (wherever occurring) in sub-clause 22 (2) “, or a member of its governing body”;
(e) by inserting after “director,” in sub-clause 22 (2) “member of a governing body,”;
(f) by inserting after “directors” in clause 23 “of the management company, or members of its governing body,”;
(g) by omitting from clause 25 “or a director” and substituting “, a director of the management company or a member of the governing body”;
(h) by omitting from paragraph 27 (b) “176” and substituting “215c”;
(i) by omitting from paragraph 27 (b) “referred to in that section” and substituting “of Division 6 of Part IV”;
(j) by inserting after “directors” in clause 40 “or members of the governing body, as the case may be,”; and (k) by inserting after “directors” in sub-clauses 43 (1) and (2) “or members of the governing body, as the case may be,”.

Schedule 7

18. Schedule 7 to the Companies Regulations is amended—
(a) by omitting from paragraph 2 (1) (m)—
“, commissions for subscribing for, or agreeing to procure subscriptions for, any shares in or debentures of the company or any related corporation,”,
and substituting—
“payments by way of brokerage or commission in consideration of—
(iii) subscribing or agreeing to subscribe, whether absolutely or conditionally, for shares in or debentures of the company or any related corporation; or
(iv) procuring, or agreeing to procure subscriptions, whether absolute or conditional, for shares in or debentures of the company or any related corporation,”; and
(b) by inserting after “by way of in sub-paragraph 5 (4) (1) (iii) “brokerage or”.

Schedule 10

19. The Companies Regulations are amended by adding at the end thereof the following Schedule:

SCHEDULE 10 Regulation 148
Section 570a

PRESCRIBED OFFENCES---PROVISIONS AND PENALTIES

Column 1	Column 2	Column 3
item	Provision	Penalty
$
1	Sub-section 113 (1) ..........................................................................................	125
2	Sub-section 131 (1) ........................................................................................	125
3	Sub-section 143 (1) ........................................................................................	125
4	Sub-section 147 (1) ........................................................................................	125
5	Sub-section 172 (1) ........................................................................................	125
6	Sub-section 209 (2) ........................................................................................	125
7	Sub-section 216 (1) ........................................................................................	125
8	Sub-section 217 (3) ........................................................................................	125
9	Sub-section 217 (4) ........................................................................................	125
10	Sub-section 218 (1) ........................................................................................	250

11	Sub-section 218 (4) ........................................................................................	250
12	Sub-section 231 (1) ........................................................................................	125
13	Sub-section 238 (1) ........................................................................................	125
14	Sub-section 238 (7) ........................................................................................	125
15	Sub-section 256 (1) ........................................................................................	125
16	Sub-section 261 (9) ........................................................................................	125
17	Sub-section 263 (1) ........................................................................................	125
18	Sub-section 327 (1..........................................................................................	250
19	Sub-paragraph 328 (1) (c) (iii) .........................................................................	125
20	Sub-paragraph 338 (2) (a) (ii) ..........................................................................	125
21	Sub-section 356 (1) ........................................................................................	250
22	Sub-section 424 (1) ........................................................................................	250
23	Sub-section 501 (1) ........................................................................................	125
24	Sub-section 502 (1) ........................................................................................	125
25	Sub-section 502 (2) ........................................................................................	125
26.	Section 503.....................................................................................................	125
27	Sub-section 509 (1) ........................................................................................	250
28	Sub-section 509 (4) ........................................................................................	250
29	Sub-section 517 (1) ........................................................................................	250
30	Sub-section 517 (4) ........................................................................................	250
31	Sub-section 545 (1) ........................................................................................	125
32	Sub-section 545 (2) ........................................................................................	125
33	Sub-section 545 (3) ........................................................................................	125
34	Sub-section 548 (2) ........................................................................................	125

Schedule of amendments

20. (1) Schedule 2 to the Companies Regulations is amended as set out in Part 1 of the Schedule.
(2) The Companies Regulations are further amended as set out in Part 2 of the Schedule.

Transitional

21. Notwithstanding the repeal of regulation 27 of the Companies Regulations as in force immediately before the coming into operation of these Regulations, that regulation continues to apply for the purposes of sub-sections 27 (26) and (27) of the Act as continued in effect pursuant to section 30s of the Companies Act1981.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

SCHEDULE Sub-regulations 20 (1) and (2)

PART 1

AMENDMENTS OF SCHEDULE 2

1. Companies Form 2 is amended—

(a) by omitting paragraph 7 and substituting the following paragraph:

“(3) 7. Where the applicant is. or has at any time been—

(a) as an insolvent under administration, subject to a section 227 prohibition under sub-section 227 (1):
(b) as a person convicted of an offence, subject to a section 227 prohibition under sub-section 227 (2);
(c) subject to a section 227a order; or
(d) subject to a section 562 order,
supply particulars as set out below, in relation to each prohibition or order to which the applicant is. or has been, subject:

*(a) Particulars of insolvency

*In case of bankruptcy.

(i)	date......................................................................................................................
(ii)	district......................................................................................................................
(iii)	bankruptcy number......................................................................................................................

*In case of deed of arrangement deed of assignment or composition

(i)	date......................................................................................................................
(ii)	district......................................................................................................................
(iii)	number of deed or composition......................................................................................................................
(iv)	name and address of trustee......................................................................................................................

*(b) Particulars of conviction resulting in section 227 prohibition

(i)	Date.....................................................................................................................
(ii)	court in which conviction was recorded............................................................. .............................................................................................................................
(iii)	offence of which applicant was found guilty...............................................
(iv)	penalty (including, if sentence of imprisonment imposed, length of sentence).......................................................................................................................

*(c) Particulars of section 227a order

(i)	date...........................................................................................................................
(ii)	court in which conviction was recorded...........................................................................................................................
(iii)	period of prohibition specified in order...........................................................................................................................

*(d) Particulars of section 562 order

(i)	date...................................................................................................................
(ii)	court in which conviction was recorded...........................................................
(iii)	period of prohibition specified in order............................................................ .......................................................................................................................... “;

(b) by inserting the following paragraph after paragraph 12:
“13. State whether the applicant consents to any police force providing information as to whether the applicant has been convicted in Australia or elsewhere of any offence other than a traffic offence.
(Answer “Yes” or ‘‘No”)
...............................................................................

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––”;and

(c) by omitting the footnote numbered3 and substituting the following footnote:
“ Sub-sections 5 (8a), (8b) and (8c) 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 or a section 562 order.

SCHEDULE—continued

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

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

2. Companies Form 3 is amended—

(a) by omitting paragraph 6 and substituting the following paragraph:

“(1) 6. Where the applicant is, or has at any time been—

(a) as an insolvent under administration, subject to a section 227 prohibition under subsection 227 (1):
(b) as a person convicted of an offence, subject to a section 227 prohibition under subsection 227 (2);
(c) subject to a section 227a order; or
(d) subject to a section 562 order,
supply particulars, as set out below, in relation to each prohibition or order to which the applicant is, or has been, subject:

*(a) Particulars of insolvency

*In case of bankruptcy

(i) date.............................................................................................................
(ii) district.......................................................................................................
(iii) bankruptcy number...................................................................................

* In case of deed of arrangement, deed of assignment or composition

(i) date.............................................................................................................
(ii) district......................................................................................................
(iii) number of deed or composition................................................................
(iv) name and address of trustee.....................................................................

*(b) Particulars of conviction resulting in section 227 prohibition

(i) date.............................................................................................................
(ii) court in which conviction was recorded...................................................
(iii) offence of which applicant was found guilty...........................................
(iv) penalty (including, if sentence of imprisonment imposed, length of sentence)
.........................................................................................................................

*(c) Particulars of section 227a order

(i) date.............................................................................................................
(ii) court in which order was made.................................................................
(iii) period of prohibition specified in order...................................................

*(d) Particulars of section 562 order

(i) date.............................................................................................................
(ii) court in which order was made.................................................................
(iii) period of prohibition specified in order................................................... ”;
(b) by inserting the following paragraph after paragraph 11:
“12. State whether the applicant consents to any police force providing information as to whether the applicant has been convicted in Australia or elsewhere of any offence other than a traffic offence.
(Answer “Yes” or “No”)
...............................................................................

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

–”;and

SCHEDULE—continued

(c) by omitting the footnote numbered(1) and substituting the following footnotes:

“* Strike out if inapplicable.

(1) Sub-sections 5 (8a), (8b) and (8c) 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 or a section 562 order.
Where, by leave of the Court given under section 227, the applicant is no longer subject to a section 227 prohibition, an office copy of the court order, whether or not subject to conditions or limitations, shall be annexed.
Where the applicant has a status equivalent to that of an insolvent under administration, under the law of a country other than Australia or of an external Territory, full particulars must also be provided.”.

3. Companies Form 9 is amended by omitting paragraph 1 and substituting the following paragraph:

“*1. CESSATION

On the...................day of...................19......, I ceased to practice as *an auditor* and *a liquidator

*I request the Commission to exercise its discretion pursuant to sub-section 30b (1) and cancel my registration as *an auditor* and *a liquidator* and *an official liquidator.”.

4. Companies Form 10 is amended by omitting paragraph 1 and substituting the following paragraph:

“*1. CESSATION

On the...................day of...................19......, I ceased to act as liquidator in the winding up of the corporation.

*I request the Commission to exercise its discretion pursuant to sub-section 30b (1) and cancel my registration as liquidator of the corporation.”.

5. Companies Form 11 is omitted and the following form substituted:

Registered no.: COMPANIES FORM 11 Sub-section 25 (4)

NOTICE OF A SECTION 227 PROHIBITION, A SECTION 227a ORDER OR A SECTION 562 ORDER

1	(a) Surname of person giving notice	Other names
(b) Residential address
(c) State whether notice is given as auditor, liquidator or liquidator of a specified corporation (if applicable, give name of specified corporation)

2. Under sub-section 25 (4), notice is given that I am a person who has become—

*(a) as an insolvent under administration, subject to a section 227 prohibition under sub-section 227 (1);
*(b) as a person convicted of an offence, subject to a section 227 prohibition under sub-section 227 (2);
*(c) subject to a section 227a order;
* (d) subject to a section 562 order.

3. Particulars are set out below. in relation to each prohibition or order to which I have become subject:

SCHEDULE—continued

*(a) Particulars of insolvency

* In case of bankruptcy

(i) date..........................................................................................................
(ii) district......................................................................................................
(iii) bankruptcy number..................................................................................

*In case of deed of arrangement, deed of assignment or composition

(i) date..........................................................................................................
(ii) district......................................................................................................
(iii) number of deed of composition...............................................................
(iv) name and address of trustee.....................................................................

*(b) Particulars of conviction resulting in section 227 prohibition

(i) date..........................................................................................................
(ii) court in which conviction was recorded..................................................
(iii) offence of which person giving notice was found guilty........................
(iv) penalty (including, if sentence of imprisonment imposed length of sentence)

*(2) (c) Particulars of section 227a order

(i) date..........................................................................................................
(ii) court in which order was made................................................................
(iii) period of prohibition specified in order...................................................

*(2) (d) Particulars of section 562 order

(i) date..........................................................................................................
(ii) court in which order was made................................................................
(iii) period of prohibition specified in order...................................................

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Dated this...................day of...................19......

Signature..........................................................

* Strike out if inapplicable.

(1) Sub-sections 5 (8a). (8b) and (8c) 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 or a section 562 order.
(2) An office copy of the order must be annexed to the form.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

DIRECTIONS

1. Where there is insufficient space on this form to furnish the required information, the information is to be shown in a separate annexure.

2. Requirements relating to annexures are set out in regulation 8.

––––––––––––

(a) by omitting paragraph 6 and substituting the following paragraph:

“(1) 6. Where the person is. or has at any time been—

(a) as an insolvent under administration, subject to a section 227 prohibition under sub-section 227 (1);
(b) as a person convicted of an offence subject to a section 227 prohibition under sub-section 227 (2);
(c) subject to a section 227a order: or
(d) subject to a section 562 order.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

SCHEDULE—continued

supply particulars, us set out below, in relation to each prohibition or order to which the person is, or has been, subject:

*(a) Particulars of insolvency

*In case of bankruptcy

(i) date.............................................................................................................
(ii) district.......................................................................................................
(iii) bankruptcy number...................................................................................

*In case of deed of arrangement, deed of assignment or composition

(i) date.............................................................................................................
(ii) district.......................................................................................................
(iii) number of dead or composition................................................................
(iv) name and address of trustee.....................................................................
.........................................................................................................................

*(b) Particulars of conviction resulting in section 227 prohibition

(i) date.............................................................................................................
(ii) court in which conviction was recorded...................................................
(iii) offence of which person making statement was found guilty.................
.........................................................................................................................
(iv) penalty (including, if sentence of imprisonment imposed, length of sentence)
.........................................................................................................................

*(c) Particulars of section 227a order

(i) date.............................................................................................................
(ii) court in which order was made.................................................................
(iii) period of prohibition specified in order...................................................

*(d) Particulars of section 562 order

(i) date.............................................................................................................
(ii) court in which order was made.................................................................
(iii) period of prohibition specified in order...................................................

(b) by inserting after paragraph 9 the following paragraph:

“10. State whether the person consents to any police force providing information as to whether the person has been convicted in Australia or elsewhere of any offence other than a traffic offence.
(Answer “Yes” or “No”)
...............................................................................

”; and

(c) by omitting the footnote numbered(1) and substituting the following footnote:

“(1) Sub-sections 5 (8a). (8b) and (8c) 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 or a section 562 order.

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

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

7. Companies Form 13 is amended—

(a) by omitting paragraph 5 and substituting the following paragraph:

“5. Where the person is. or has at any time been—

(a)

as an insolvent under administration, subject to a section 227 prohibition under subsection 227 (1);

SCHEDULE—continued
(b) as a person convicted of an offence, subject to a section 227 prohibition under subsection 227 (2);
(c) subject to a section 227a order; or
(d) subject to a section 562 order,

supply particulars, as set out below, in relation to each prohibition or order to which the person is, or has been, subject:

*(a) Particulars of insolvency

*In case of bankruptcy

(i) date.............................................................................................................
(ii) district.......................................................................................................
(iii) bankruptcy number...................................................................................

*In case of deed of arrangement, deed of assignment or composition

(i) date.............................................................................................................
(ii) district.......................................................................................................
(iii) number of dead or composition................................................................
(iv) name and address of trustee.....................................................................
.........................................................................................................................

*(b) Particulars of conviction resulting in section 227 prohibition

(i) date.............................................................................................................
(ii) court in which conviction was recorded...................................................
(iii) offence of which person making statement was found guilty.................
.........................................................................................................................
(iv) penalty (including, if sentence of imprisonment imposed, length of sentence)
.........................................................................................................................

*(c) Particulars of section 227a order

(i) date.............................................................................................................
(ii) court in which order was made.................................................................
(iii) period of prohibition specified in order...................................................

*(d) Particulars of section 562 order

(i) date.............................................................................................................
(ii) court in which order was made.................................................................
(iii) period of prohibition specified in order...................................................

(b) by inserting after paragraph S the following paragraph:

“9. State whether the person consents to any police force providing information as to whether the person has been convicted in Australia or elsewhere of any offence other than a traffic offence.
(Answer “Yes” or “No”)
...............................................................................

”; and

(c) by omitting the footnote numbered ‘“and substituting the following footnotes:

“* Strike out if inapplicable.

(1) Sub-sections 5 (8a), (8b) and (8c) 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 or a section 562 order.
Where, by leave of the Court given under section 227, the person is no longer subject to a section 227 prohibition, an office copy of the court order, whether or not subject to conditions or limitations, shall be annexed.
Where the person has a status equivalent to that of an insolvent under administration, under the law of a country other than Australia or of an external Territory, full particulars must also be provided.”.

SCHEDULE—continued

8. The following form is inserted after Companies Form 13:

COMPANIES FORM 13a Sub-section 30f (1)

Companies Act 1981

SUMMONS TO APPEAR BEFORE COMPANIES AUDITORS AND LIQUIDATORS DISCIPLINARY BOARD

To(1)................................................................................................................................................

In relation to(2).................................................................................................................................................................................................................................................................................................

Take notice that under sub-section 30f (1) you are required—

(a) to appear on(3)..............................19......at..................................................................................... *a.m./*p.m. before the Companies Auditors and Liquidators Disciplinary Board at (4)...............to give evidence (on oath or affirmation if required); and
*(b) to produce to the Board on (3).................... 19......, at ....................*a.m./*p.m. at the place where you are required to appear, the following documents, being documents relating to the matters that are the subject of the hearing:

and all other documents in your custody or under your control that relate to those matters.

Dated this....................day of....................19......

Signature of *Chairman/*member of the Board...............................................................................

*Strike out whichever is inapplicable.

(1) State name of person to whom summons is addressed.

(2) State the matters that are the subject of the hearing.

(3) Insert date.

(4) Specify full address including, where applicable, the number of the room and of the floor or level of the building where the hearing is to be held.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

DIRECTIONS

1. Failure without lawful excuse to comply with the terms of this summons may render you liable to a penalty of $1,000 or imprisonment for 3 months.

2. A person required to attend for examination is entitled to such allowances and expenses as the regulations prescribe.

9. Companies Form 20 is omitted and the following form substituted:

Registered no.: COMPANIES FORM 20 Sections 59 and 61

NOTICE BY COMPANY OR REGISTERED FOREIGN COMPANY FOR THE PURPOSES OF SECTION 59 OR 61

*...................................................................................Limited, a *company/*registered foreign company formed outside Australia and the external Territories, gives notice that it desires to have its name registered in (1)................................................................................................................................

The nature of the principal business carried on by the *company/*registered foreign company is.............................................................................................Limited, a *company/*registered foreign company formed outside Australia and the external Territories gives notice that it no longer desires to have its name registered in (1)..............................................................................................................

Dated this...................................day of......................................19......

Signature of *Director/*Secretary* Principal Executive Officer/*of/*Agent of foreign company

*Strike out if inapplicable.

(1)
Insert name of participating State(s) or participating Territory.
––––––––––––––

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––-–

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

SCHEDULE—continued

10. Companies Form 30 is amended—

(a) by omitting from Item 4 “company’s”:

(b) by omitting from the form and the directions “the affairs of the company” (wherever occurring) and substituting “affairs”: and
(c) by inserting after “company” in paragraph 3 (a) of the directions “or registered foreign company”.

11. Companies Form 32, other than the directions, is omitted and the following form substituted:

Registered no.: COMPANIES FORM 32 Paragraph 84 (2) (a)

APPLICATION BY RECOGNIZED COMPANY FOR REGISTRATION AS A COMPANY

.........................................a corporation incorporated In (1)...................................................................... applies to be registered as a company under (2)........................................................................................

1. The address of the registered office of the corporation in its place of incorporation is........................

2. On the..............................day of..............................19......the certificate annexed to this application was issued to the corporation under the provision of the law of (3)..............................in which the corporation is incorporated that corresponds with sub-section 83 (3).

3. The corporation *has/*has not *established a place of business/*commenced to carry on business in(4)..............................

*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 that business, showing—

(a) the address of the principal place of business:

(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 corporation—

(a) is not in the course of being wound up;
(b) has not had an application lodged to wind it up that has not been dealt with;
(c) has not had a receiver, or a receiver and manager, appointed who is acting in respect of property of the corporation;
(d) is not under official management;
(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 for the approval of such a compromise or arrangement that has not been dealt with.

Dated this..............................day of..............................19......

The Common Seal of the corporation was affixed hereto in the presence of ................................................

................................................

Signatures

* Strikeout if inapplicable.

(1) Insert place of incorporation.

(2) Cite law under which registration is sought.

(3) Insert name of Slate or Territory in which corporation is incorporated.

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

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

SCHEDULE—continued

12. Companies Form 37 is omitted and the following form substituted:

Registered no.: COMPANIES FORM 37 Paragraph 117 (1) (b)

STATEMENT OF PAYMENT IN RELATION TO SUBSCRIPTION FOR SHARES

...................................................................................................Limited

1. The payment is not prohibited by the memorandum or articles of association.
*2. The amount of the proposed payment by way of *brokerage/*commission for subscribing, or agreeing to subscribe for shares in the company or procuring, or agreeing to procure, subscriptions for shares in the company is $...............
*2. The rate at which payment is proposed to be made by way of *brokerage/*commission for subscribing or agreeing to subscribe for shares in the company or procuring or agreeing to procure subscriptions for shares in the company is.....% of the price at which the shares are issued.
(1)3. The amount of the proposed payment or the sum of the amount of the proposed payment and any other payment or payments by way of brokerage or commission that has or have been made by the company in respect of those shares does not exceed—
*10% of the total of the amount payable in respect of the shares upon their allotment.
*the amount, or an amount calculated at the rate, authorized by the articles.
4. The company will become liable to make the payment on the........................................day of..............................19.........
5. The number of shares for which persons have agreed, for a payment by way of brokerage or commission, to subscribe absolutely is...............

Dated this..............................day of..............................19......

............................................................

(Signatures of not fewer than 2 directors or proposed directors)

* Strikeout whichever is inapplicable.

(1) The amount of the proposed payment or the sum of the proposed payment and any other payment or payments must not exceed whichever is the lesser of the 2 alternatives in paragraph 3 (see subsection 117 (2)).

––––––––––––––

13. Companies Form 46 is amended—

(a) by omitting “..............................Limited” and substituting—

“The name of the management company is............................”;

(b) by omitting from paragraph 4 “, to which the Certificate relates,”;

(c) by omitting—

“Signature of *Director/*Secretary/*Principal Executive Officer............................................”, and substituting—
“(5) Signature............................................................”;

(d) by omitting the certificate at the end of the form and substituting the following certificate:

“CERTIFICATE

In relation to the management company lodging this return, I certify that—

(a) it keeps a register of holders of prescribed interests to which this return relates at a place within 25 kilometres of the office of the (4)..............................................; and
(b) it provides reasonable accommodation and facilities for persons to inspect and take copies of its list of holders of prescribed interests to which this return relates.

Dated this..............................day of..............................19......

“Signature......................................”: and

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

SCHEDULE—continued

(e) by adding after the footnote numbered (4) the following footnote:

“(5) State capacity in which person signs (Where the management company has directors, the document must be signed by at least one director).

14. Companies Form 62 is amended—

(a) by omitting “a” (wherever occurring); and

(b) by omitting the footnote numbered (1) and substituting:

“(1) Insert ‘a director’, ‘the principal executive officer’ or ‘a secretary’, as the case requires.”.

15. Companies Form 64 is amended—

(a) by omitting from paragraph 7 “principal executive officer (if any)”;and

(b) by inserting after “company” in paragraph 7 “and the name, address and description of the principal executive officer (if any) of the company”.

16. After Companies Form 65 the following forms are inserted:

COMPANIES FORM 65a Sub-section 261 (2)

Companies Act 1981

NOTICE UNDER SUB-SECTION 261 (2) REQUIRING STATEMENT OF RELEVANT INTEREST

To:............................................................................................................................................................

Take notice that..................................................of...................................................................................... a company within the meaning of sub-section 261 (1), requires you, as the holder of ........................................voting shares in that company, to furnish to it in accordance with sub-section 261 (7), within 2 business days after you have received this notice, a statement in writing setting out—

(a) full particulars of your(1) relevant interest in those shares and the circumstances by reason of which you have acquired that interest; and
(b) so far as it lies within your knowledge —
(i) full particulars of the name and address of every other person (if any) who has a relevant interest in any of the shares;
(ii) full particulars of each such interest and of the circumstances by reason of which the other person has that interest; and
(iii) full particulars of the name and address of each person (if any) who has given to you(2) relevant instructions in relation to any of the shares and of those relevant instructions, and the date or dates on which those relevant instructions were given.

Dated this..............................day of..............................19......

.........................................................................

Signature of *Director/*Principal Executive Officer/*Secretary

* Strikeout if inapplicable.

(1) See section 8.

(2) See sub-section 261 (1).

DIRECTION

In pursuance of sub-section 261 (5), an application for exemption from providing all or any of the required particulars may be lodged with the local authority within 2 business days after receipt of this notice.

–––––––––––

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

SCHEDULE—continued

COMPANIES FORM 65b Sub-paraaraph

261 (2) (b) (ii)

Companies Act 1981

NOTICE REQUIRING COMPANY TO GIVE NOTICE UNDER SUB-SECTION 261 (2)

(1) To..........................................a company within the meaning of sub-section 261 (1)

Take notice that

* the National Companies and Securities Commission

*I/*We—

............................................................of........................................................................................

*being*a member/*members holding not less than 5% of the total voting rights of all the members having at the date of this notice a right to vote at general meetings of the company,
*requires/*require the company(1) to give a notice under sub-section 261 (2) to the following holder(s) of voting shares in the company:

............................................................of........................................................................................

* Dated this..............................day of..............................19......

........................................................................................

* Signature(s) of shareholder(s)

* Given under the seal of the* National Companies and Securities Commission at.......................................................on this.........................day of.........................19......
* Strikeout if inapplicable.
(1) Subject to sub-section 261 (4). notice under sub-section 261 (2) is to be given within 7 days after receipt of this notice.

–––––––––––––

COMPANIES FORM 65c Sub-section 261 (3)

Companies Act 1981

NOTICE UNDER SUB-SECTION 261 (3) REQUIRING STATEMENT OF RELEVANT INTEREST

(1) To...................................................................................................................................

1. Take notice that..............................of...............................a company within the meaning of subsection 261 (1). has received information that you are—

* a person with (1)a relevant interest in

* a person who has given (2) relevant instructions in relation to

..............................voting shares in the company, of which shares the holder is.......................................................................of.........................................................................................
2. The company requires you to furnish to it in accordance with sub-section 261 (7), within 2 business days after you have received this notice, a statement in writing setting out—
(a) full particulars of any relevant interest that you have in any of those shares and of the circumstances by reason of which you have that interest;
(b) so far as it lies within your knowledge—
(i) full particulars of the name and address of every other person (if any) who has a relevant interest in any of the shares;
(ii) full particulars of each such interest and of the circumstances by reason of which the other person has that interest; and

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

SCHEDULE—continued

(iii) full particulars of the name and address of each person (if any) who has given to you (2)relevant instructions in relation to any of the shares and of those relevant instructions, and the date or dates on which those relevant instructions were given.

Dated this..............................day of..............................19......

.............................................................................

Signature of *Director/*Principal

Executive Officer/*Secretary

* Strike out if inapplicable

(1) See section 8

(2) See sub-section 261 (1)

DIRECTION

In pursuance of sub-section 261 (5), an application for exemption from providing all or any of the required particulars may be lodged with the local authority within 2 business days after receipt of this notice.

17. Companies Form 66 is amended—

(a) by omitting from paragraph 1—

“(1) The previous period in respect of which an annual return has been lodged was for the period..............................19......to..............................19......”,
and substituting—
“The previous annual general meeting was held on.........’.:................................................19......”;
(b) by omitting from the direction immediately following paragraph 3 all words after “copy of every” and substituting “other document a copy of which is required by section 275 to be laid before the annual general meeting must be annexed to the return”;
(c) by omitting from clause 2 of the directions immediately following paragraph 6 “section 265” and substituting “sub-section 265 (1)”;
(d) by omitting from the table in paragraph 7 “Christian or given name or names and surnames” and substituting “surnames and other names”;
(e) by omitting from the table in paragraph 7 “Christian or given name or names or surnames” and substituting “surnames and other names”;
(0 by omitting from the footnote numbered (6) immediately after paragraph 7 “participating” (wherever occurring);
(g) by omitting from the certificate headed—

“D. CERTIFICATE FOR INCLUSION IN PUBLIC COMPANY’S ANNUAL RETURN THAT DOES NOT INCLUDE LIST OF MEMBERS”

that heading and substituting—

“D. CERTIFICATE INCLUDED UNDER SUB-SECTION 265 (1) INSTEAD OF LIST OF MEMBERS”; and
(h) by inserting in that certificate—
(i) “the” after “the office of” in paragraph (b); and
(ii) “a” before “kind”.

18. Companies Form 67 is amended—

(a) by omitting from paragraph 1—
“*The annual general meeting of the company held, or deemed to be held in accordance with section 250, in respect of the calendar year 19...... was *held/*deemed to be held on..............................19......”,

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

SCHEDULE—continued

and substituting—

“*The annual general meeting of the company held in respect of the calendar year 19......was held on..............................19.....”;
(b) by omitting from paragraph 1—
“(1) The previous period in respect of which an annual return has been lodged was for the period..............................19......to..............................19......”
and substituting—
“The previous annual general meeting was held on...................................................19.....”;
(c) by omitting from clause 2 of the directions immediately following paragraph 1 “(or 6 months in the case of an exempt proprietary company)”;
(d) by omitting from the direction immediately following paragraph 3 all words after “copy of every” and substituting “other document a copy of which is required by section 275 to be laid before the annual general meeting must be annexed to the return”;
(e) by omitting from clause 2 of the directions immediately following paragraph 5 “a no liability company or”;
(f) by omitting from clause 2 of the directions immediately following paragraph 5 “section 265” and substituting “sub-section 265 (1) or (1a)”;
(g) by omitting paragraph 6 and substituting the following paragraph:

“LIST OF DIRECTORS. &c.

6. Particulars of the (1) directors, principal executive officer, secretaries and auditors of the company are as follows:

Office in company	Present surnames and other names	Any former surnames and other names	Usual address (3) (4)	Other business occupations and, in the case of directors, particulars of other directorships(5)
Directors (2)
Principal executive officer (if any) (2)
Secretaries (2)
Auditors for current financial year

(1) ‘Director’ includes any person occupying or acting in the position of director by whatever name called and any person in accordance with whose directions or instructions the directors of a company are accustomed to act.
(2) Where a director is also the principal executive officer or a secretary, particulars are to be entered in each of the relevant categories ‘Directors’. ‘Principal executive officer’ and ‘Secretaries’.
(3) Insert, in the case of an individual, his usual residential address or, in the case of a corporate director, the corporate name and address of the registered or principal office.
(4) In the case of auditors, the address given must be the principal place where the auditor practices as an auditor: See paragraph 23 (1) (c).

SCHEDULE—continued

(5) Insert particulars of directorships held by the director in other corporations that, under the law of a State or Territory, are public companies or subsidiaries of public companies but not particulars of directorships held by the director in a corporation that is. by virtue of sub-section 7 (5), deemed to be reared to the company.
Where a person is a director in one or more subsidiaries of the same holding company, it is sufficient to disclose that the person is the holder of one or more directorships in that group of companies and the group may be described by the name of the holding company with the addition of the word ‘Group’.

If no other directorships, state accordingly.”; and

(h) by omitting the certificate headed—
“B. CERTIFICATE FOR INCLUSION IN PUBLIC COMPANY’S ANNUAL RETURN THAT DOES NOT INCLUDE LIST OF MEMBERS”

and substituting the following certificate:

B. CERTIFICATE FOR INCLUSION IN ANNUAL RETURN THAT DOES NOT INCLUDE LIST OF MEMBERS

*In accordance with sub-section 265 (1), I certify that—

(a) the company is a public company that has more than 500 members;

(b) the company keeps its principal register at a place within 25 kilometres of the office of the (1)........................................;and
(c) the company provides reasonable accommodation and facilities for persons to inspect and take copies of its list of members,

and that accordingly the company is of a kind to which that sub-section applies.

*1 certify that the company, being a company limited by guarantee, the memorandum or articles of which prohibits or prohibit the payment of any dividend by the company to its members, is a company to which sub-section 265 (1a) applies.

Dated this......................................day of..............................19........

Signature of Secretary......................................

* Strike out if inapplicable.

(1) insert name of the Corporate Affairs Commission for the Territory.

19. Companies Form 70 is amended by omitting the direction and substituting:

“DIRECTION

Where there is a trustee for holders of debentures of the company, the company is required to give a copy of this notice to the trustee.”.

20. Companies Form 72 is amended by inserting after clause 1 of the directions the following clause:

“1a. Failure without lawful excuse to comply with the terms of this notice may render you liable to a penalty of $10,000 or imprisonment for 2 years, or both.”.

21. Companies Form 78 is amended—

(a) by omitting “the *property/*part of the” (wherever occurring); and

(b) by omitting “company” (wherever occurring) and substituting “*company/*registered foreign company, being the property”.

SCHEDULE—continued

22. Companies Form 79 is omitted and the following form substituted:

Registered no.: COMPANIES FORM 79 Sub-section 326 (1a)

NOTICE OF ADDRESS OF OFFICE OF *RECEIVER/*RECEIVER AND MANAGER OF ..................................................LIMITED

I.................................................................................of................................................................................, appointed as the *receiver/*receiver and manager of property of the “company/”“registered. foreign company, being the property specified in the Schedule,

* by an order of the Supreme Court of............................................................................................made on..............................19......

* on the..................................................................................................day of..............................19...... under the powers contained in an instrument dated................................................................................

....................19......

give notice that the address of my office is (1).......................................................................................

SCHEDULE

Dated this.........................................................................................................day of....................19...... Signature of *receiver/*receiver and manager..............................

* Strike out whichever is inapplicable.

(2)In accordance with section 530a, specify the full address of the relevant office including, where applicable, the number of the room and of the floor or level of the building on which the office is situated.

23. Companies Form 80 is amended—

(a) by omitting “*the property/*part of the”; and

(b) by omitting “company” and substituting “*company/*registered foreign company”.

24. Companies Form 81 is amended—

(a) by omitting “*the property/*part of the”; and

(b) by omitting “company” and substituting “*company/*registered foreign company”.

25. Companies Form 90 is omitted and the following form substituted:

Registered no.: COMPANIES FORM 90 Sub-sections 342 (6) and (6a)

NOTICE BY OFFICIAL MANAGER CONSEQUENT ON CONVENING SIX-MONTHLY MEETING

............................................................................................................................................................Limited I. Notice is given that, pursuant to sub-section 342 (1), a meeting of the creditors and members of the company was—

* held on the................................................................................................day of....................19......to consider my statement and report prepared in accordance with paragraph 342 (1) (a)

* duly convened on the....................................................................................day of...............19......to consider my statement and report prepared in accordance with paragraph 342 (1) (a), and * no quorum was present/*the meeting was adjourned to the .day of....................19......and no quorum was present at the adjourned meeting.

(1)2. A copy of the statement and report prepared in accordance with paragraph 342 (1) (a) is annexed.

Dated this...........................................................day of..................................................................19...... Signature of *Official Manager/*Deputy Official Manager....................................................................

* Strike out if inapplicable.

(1) Requirements relating to annexures are set out in regulation 8.

SCHEDULE—continued

26. Companies Form 113 is omitted and the following form substituted:

Registered no.: COMPANIES FORM 113 Paragraphs 512 (2) (c)

and 515 (2) (b)

*LIST OF/*NOTICE OF CHANGE OR ALTERATION IN DIRECTORS. MEMBERS OF COMMITTEE OF MANAGEMENT, COUNCIL OR OTHER GOVERNING BODY

..........................................................................................................................Limited

Column 1	Column 2	Column 3	Column 4	Column 5
Present surname and other names(1) (State any former names in brackets beneath present names)	Address(2)	Business occupation (if any)	Particulars of other directorships (3)	Particulars and nature of appointment or change,and relevant date(4)

Dated this....................day of......................................................19........

Signature of *Director/*Secretary/*Principal Executive Officer/*of/*Agent.............................................

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(1) Insert, in the case of an individual, his present surname and other names and any former surname or other name, or, in the case of a corporation, its corporate name.
(2) Insert, in the case of an individual, his usual residential address, or, in the case of a corporate director, the address of its registered office or its principal place of business in its place of incorporation or formation.
(3) Insert particulars of directorships in corporations that under the law of a State or Territory are public companies or subsidiaries of public companies but not particulars of directorships held in a corporation that is deemed to be related to the company. Where a person holds a directorship in one or more subsidiaries of the same holding company, it is sufficient to disclose that the person is the holder of one or more directorships in that group of companies and the group may be described by the name of the holding company with the addition of the word “Group”. If no other directorships, state accordingly.
(4) Insert in relation to a new director “Appointed” or “In place of (former director’s name)”. Insert in relation to a former director “Died”, “Resigned”. “Removed”, or as the case may be. Where there is no change, insert “Continuing”.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

DIRECTIONS

1. A return notifying the Commission of a person having ceased to be or having become a director of a corporation must contain, with respect to each person who is, at the time of the lodgment of the return, a director, the particulars required to be specified in the register.
2. Where the agent is a corporation, the form must be signed by a director or secretary or the principal executive officer of that corporation.
3. Requirements relating to annexures are set out in regulation 8.
–––––––––––––––––

27. Companies Form 121 is amended by inserting after paragraph 1 the following paragraphs:

“1a. The place of incorporation or formation of the foreign company is...........................................

*1b. The name of the foreign company is registered under the laws of the following participating States or participating Territories:

................................................................................................................................................................

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

SCHEDULE—continued

*1c. The addresses of the principal offices (if any) of the foreign company in the respective participating States or participating Territories are:

...................................................................................................................................................

..................................................................................................................................................

.................................................................................................................................................

28. Companies Form 122 is amended—

(a) by inserting after paragraph 2 the following paragraphs:

“*2a. The name of the company is registered under the laws of the following participating States or participating Territories:

.............................................................................................................................................

...........................................................................................................................................;

*2b. The addresses of the principal offices (if any) of the company in the respective participating States or participating Territories are:

.............................................................................................................................................

............................................................................................................................................

...........................................................................................................................................

(b) by omitting paragraph 5 and substituting:

“5. Particulars of the directors, or members of the committee of management, council or other governing body, of the company are as follows:

(2) The present surnames and other names

(3) Usual residential address

; and

(c) by omitting the footnote numbered(3) and substituting:

“(3) In the case of a corporation, the address of its registered office or its principal place of business in its place of incorporation or formation is to be shown”.
––––––––––––

29. Companies Form 127 is omitted and the following form substituted:

“Registered no.: COMPANIES FORM 127 Paragraph 577 (1) (d)

Sub-regulation 99 (2)

LIST OF PERSONS PRESENT AT MEETING OF (1)...................................

.........................................................................................

............................................................................................Limited

Meeting held

at....................on.....................................................................................................19........

SCHEDULE—continued

No.

Name

Represented by—signature of person attending

(2)Amount of proof lodged or debentures held

(1) State whether creditors, members, contributories, debenture holders, creditors and members, or a committee of inspection.
(2) In case of members or contributories, insert ‘number of shares’ and ‘number of votes’ according to the regulations of the company. Do not complete in the case of a meeting of a committee of inspection.”.

––––––––––––––––

30.Companies Form 152 is amended—

(a) by omitting “PLACE OTHER THAN REGISTERED OR PRINCIPAL”;

(b) by inserting below “members” (first occurring) in the footnote numbered (1):

“information received pursuant to notices given under section 261”; and

(c) by omitting the footnote numbered (2) and substituting the following footnote:

“(2) In accordance with section 530a, specify the full address or the full new address, as the case requires of the relevant office including, where applicable, the number of the room and of the floor or level of the building on which the office is situated.”.

–––––––––––––––––

31. The following form is added after Companies Form 153:

Companies Form 154 Section 570a

and sub-sections 577 (7) and (9)

Companies Act 1981

PENALTY NOTICE

To (1)..........................................................................................................................................................

1. It is alleged that at (2).............................. on (3)......................................19.....you committed an offence under or in relation to (4)..........................................................................................................., in that you (5)

Such an offence is a prescribed offence.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

2. Prescribed penalty: $............

Payable to: (6)...........................................................................................................................................

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

*3.(Applicable where the penalty notice relates to an offence constituted by a failure to do a particular act or thing) Take notice that—

(a) the obligation to (7)........................................................continues, notwithstanding the service of this notice or the payment of the prescribed penalty;

(8) (b) if, within 21 days after the date of service of this notice, you—

(i) pay the prescribed penalty to the authority specified in paragraph 2; and

(ii) (9)........................................... no further action will be taken against you in relation to the offence particulars of which are set out in paragraph 1: and
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

SCHEDULE—continued

(c) if. at the expiration of 21 days after the date of service of this notice, you—

(i) have not paid the prescribed penalty to the authority specified in paragraph 2; or

(ii) have not (7)....................................... proceedings may be instituted against you.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

*3. (Applicable where the penalty notice relates to an offence other than one constituted by a failure to do a particular act or thing) (8) Take notice that if, within 21 days after the dale of service of this notice. you pay the prescribed penalty to the authority specified in paragraph 2, no further action will be taken against you in relation to the offence particulars of which are set out in paragraph 1.

If, at the expiration of 21 days after the date of service of this notice, you have not paid the prescribed penalty to the authority specified in paragraph 2, proceedings may be instituted against you.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Given by...............................................on behalf of the National Companies and Securities Commission at.........................on this.........................day of.........................19......

* Strike out if inapplicable.

(1) Insert name of person alleged to have committed offence and, if a corporation, its registered number.

(2) Insert place.

(3) Insert date.

(4) Insert provision under or in relation to which the offence is alleged to have been committed.

(5) Set out particulars of alleged offence, including description of alleged conduct constituting the alleged offence. Where applicable, include the name and registered number of any corporation in connection with which the offence is alleged to have been committed.

(6) Insert name and address of Corporate Affairs Commission for the Territory.

(7) Insert a description of the particular act or thing that the person allegedly failed to do in committing the alleged offence.

(8) Payment of the penalty is not art admission of liability (see sub-section 570a (6)).

PART 2

FURTHER AMENDMENTS

Provision amended	Amendments
Sub-regulation 2 (1)................	Omit “Territory,” from the definition of “local authority”, substitute “Territory;”.
Sub-paragraph 7 (1) (a) (i)	Insert “of the Act” after “section 170”.
Paragraph 12 (1) (c)................	Insert “these” before “Regulations”.
Sub-paragraph 83 (2) (a) (i)	Omit “contributors”, substitute “contributories”.
Sub-paragraph 83 (2) (a) (ii)	Omit “or of a company and its creditors”.
Sub-regulation 84 (1)..............	Omit “7 days”, substitute “7 days’“.
Sub-regulation 84 (3)..............	Omit “or of a company and its creditors”.
Sub-regulation 84 (6)..............	(a) Omit “summon”, substitute “convene”.
(b) Omit “days”, substitute “days’“.
Sub-regulation 88 (2)..............	Omit “contributor”, substitute “contributory”.
Sub-regulation 91 (5)..............	Omit “or of a company and its creditors”.
Sub-regulation 96 (1.).............	Insert “or claim” after “debt”.
Sub-regulation 119 (4)............	Omit “objection”, substitute “rejection”.
Regulation 141	Omit “fresh”, substitute “further”.
Schedule 2—
Companies Form 12................	Omit from paragraph 2 “applicant”, substitute “person”.
Companies Form 28................	Omit from paragraph 7 “the property or part of the”.
Companies Form 33................	Omit from paragraph 7 “the property or part of the”.

SCHEDULE—continued

Provision amended	Amendments
Companies Form 49...................	Omit “marked...........(2)”, substitute “marked............”.
Companies Form 61...................	Insert in the footnote numbered (2) “a” before “secretary”.
Companies Form 66...................	Omit “subsidiary were” from paragraph (d) of the certificate headed “A. CERTIFICATE TO BE GIVEN BY ALL COMPANIES”, substitute “subsidiary, were”.
Companies Form 67...................	(a) Omit from clause 2 of the directions immediately following paragraph 1 “evey”, substitute “every”
(b) Omit from paragraph 7 “Annual Return”, substitute “annual return”.
Companies Form 70...................	Omit “Section 282”, substitute “Sub-section 282 (13)”.
Companies Form 76...................	Omit from paragraph 9 “the property/part of.
Companies Form 82...................	Omit from the. footnote numbered (1) “on which the office is situated”, substitute “where the meeting is to be held”.
Companies Form 83...................	Omit from the direction “sub-section 335 (1)”, substitute “sub-section 335 (11)”.
Companies Form 84...................	Omit “Companies Act 1981”.
Companies Form 86...................	Omit the direction, substitute:
“DIRECTIONS
1. This form is required to be signed by the person obtaining the order.
2. In accordance with paragraph 338 (6) (b), the person obtaining the order shall lodge an office copy of the order within 7 days after passing and entering.”.
Companies Form 87...................	(a) Omit “Sub-sections 340 (1) and 357 (4)”, substitute “Paragraph 340 (1) (a) and sub-section 357 (4)”.
(b) Omit “full address,” from the footnote numbered (1), substitute “full address”.
Companies Form 88...................	Omit “Sub-sections 340 (1) and 357 (4)”, substitute “Paragraph 340 (1) (b) and sub-section 357 (4)”.
Companies Form 89...................	Omit “Sub-sections 340 (2) and 357 (5)”, substitute “Paragraph 340 (2) (a) and sub-section 357 (5)”.
Companies Form 93...................	Omit the directions, substitute:
“DIRECTIONS
1. This form is required to be signed by the person on whose application the order is made.
2. In accordance with paragraph 354 (1) (b), the person on whose behalf the application is made shall lodge an office copy of the order within 7 days after passing and entering.”.
Companies Form 94...................	Omit the direction, substitute:
“DIRECTIONS
1. This form is required to be signed by the person on whose application the order is made.
2. In accordance with paragraph 354 (1) (b). the person on whose behalf the application is made shall lodge an office copy of the order within 7 days after passing and entering.
3. Requirements relating to annexures are set out in regulation 8.”.
Companies Form 100.................	Omit “company and the creditors”, substitute “creditors and members”.
Companies Form 102.................	Omit “special” from paragraph (a).
Companies Form 107.................	Omit “Sub-section 454 (4)”, substitute “Sub-section 454 (1)”.
Companies Form 110.................	(a) Omit “situation” (first occurring), substitute “address”.
(b) Omit from the footnote numbered (1) “insert”, substitute “Insert”.
Companies Form 119.................	Omit—
“(list any documents required by regulations 76 to 78)”,
substitute—
“(list any documents required by regulation 74)”.

SCHEDULE—continued

Provision amended	Amendments
Companies Form 125.................	Omit “/*a meeting of the company and its creditors”.
Companies Form 128.................	Omit—
“/*meeting of the company and its creditors”.
Schedule 4..................................	(a) Omit from sub-clause 8 (1) “paragraph”, substitute “clause”‘.
(b) Omit from sub-clause 8 (2) “paragraph”, substitute “clause”.
(c) Omit from clause 9 “paragraph”, substitute “clause”.
(d) Omit from clause 18 “paragraphs”, substitute “clauses”.
(e) Omit from clause 25 “of this Schedule”.
(f) Omit from clause 26 “of this Schedule”.
(g) Omit from clause 28 “of this Schedule” (wherever occurring).
Schedule 5..................................	(a) Omit from clause 2 “company” (first occurring), substitute “person”.
(b) Omit “company that has been”, substitute “person”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 16 December 1983.

2. Statutory Rules 1982 No. 120 as amended to date. For previous amendments see Note 2 to Statutory Rules 1983 No. 214 and see also 1983 Nos. 214 and 215

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Companies Regulations (Amendment) (Cth)

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