Corporations Amendment Regulations 2000 (No. 5) (Cth)

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Corporations Amendment Regulations 2000 (No. 5)

Statutory Rules 2000 No. 78

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under theCorporations Act 1989.

Dated 25 May 2000

WILLIAM DEANE

Governor-General

By His Excellency’s Command

JOE HOCKEY

Minister for Financial Services and Regulation

Corporations Amendment Regulations 2000 (No. 5)1

Statutory Rules 2000 No. 782

made under the

Corporations Act 1989

   

Contents

Page

 

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1Name of Regulations

 These Regulations are the Corporations Amendment Regulations 2000 (No. 5).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Corporations Regulations 1990

Schedule 1 amends the Corporations Regulations 1990.

Schedule 1Amendments

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(regulation 3)

[1]Subregulation 1.0.02 (1), before definition of agent

insert

ABN (Australian Business Number) has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.

[2]Subregulation 1.0.02 (2)

omit

[3]Paragraph 1.0.07 (f)

omit everything before subparagraph (ii), insert

  • (f)

    display on the first page of the document or, if the document is a single sheet, on that sheet:

    • (i)

      the ACN, ARBN or ARSN of the corporation or managed investment scheme or, if the last 9 digits of its ABN are the same, and in the same order, as the last 9 digits of its ACN, ARBN or ARSN — its ABN; and

[4]Subparagraph 1.0.08 (a) (i)

substitute

  • (i)

    the ACN of the company or, if the last 9 digits of its ABN are the same, and in the same order, as the last 9 digits of its ACN, the ABN of the company; and

[5]Subparagraph 1.0.08 (b) (i)

substitute

  • (i)

    the ARBN of the body or, if the last 9 digits of its ABN are the same, and in the same order, as the last 9 digits of its ARBN, the ABN of the body; and

[6]Subparagraph 1.0.08 (c) (i)

after

scheme

insert

or, if the last 9 digits of its ABN are the same, and in the same order, as the last 9 digits of its ARSN, the ABN of the scheme

[7]Subparagraph 1.0.09 (a) (i)

substitute

  • (i)

    the ACN of the company or, if the last 9 digits of its ABN are the same, and in the same order, as the last 9 digits of its ACN, the ABN of the company; and

[8]Subparagraph 1.0.09 (b) (i)

substitute

  • (i)

    the ARBN of the body or, if the last 9 digits of its ABN are the same, and in the same order, as the last 9 digits of its ARBN, the ABN of the body; and

[9]Subparagraph 1.0.09 (c) (i)

after

scheme

insert

or, if the last 9 digits of its ABN are the same, and in the same order, as the last 9 digits of its ARSN, the ABN of the scheme

[10]Subparagraph 1.0.10 (a) (i)

substitute

  • (i)

    the ACN or ARBN of the body or, if the last 9 digits of its ABN are the same, and in the same order, as the last 9 digits of its ACN or ARBN, the ABN of the body; and

[11]Subparagraph 1.0.10 (b) (i)

after

scheme

insert

or, if the last 9 digits of its ABN are the same, and in the same order, as the last 9 digits of its ARSN, the ABN of the scheme

[12]After regulation 5C.1.02

insert

5C.1.03Modification (Corporations Law s 601QB)

  • (1)

    For the purposes of section 601QB of the Corporations Law, the operation of Chapter 5C of the Law is modified in accordance with this regulation.

  • (2)

    If:

    • (a)

      a managed investment scheme is registered under section 601EB of the Corporations Law; and

    • (b)

      the managed investment scheme is also registered on the Australian Business Register; and

    • (c)

      the last 9 digits of the ABN of the registered scheme are the same, and in the same order, as the last 9 digits of its ARSN; and

    • (d)

      a document relating to the scheme is lodged with ASIC, and displays that ABN;

 section 601EC of the Law does not apply to the document.

[13]Schedule 7, after item 7003

insert

7004Exemptions — quotation of ACNs and ARBNs

  • (1)

    A company is exempt from the requirement to set out the relevant information on a public document, or a negotiable instrument, of the company if:

    • (a)

      the company is registered on the Australian Business Register; and

    • (b)

      the last 9 digits of its ABN are the same, and in the same order, as the last 9 digits of its ACN; and

    • (c)

      ‘Australian Business Number’ or ‘ABN’ is displayed with the name of the company, or with 1 of the references to that name:

      • (i)

        in the case of a document or instrument in which the name appears on only 1 page — on that page; and

      • (ii)

        in the case of a document or instrument in which the name appears on 2 or more pages — on the first of those pages.

  • (2)

    A registered Australian body or registered foreign body is exempt from the requirement to set out information mentioned in paragraph 601DE (1) (b) and subsection 601DE (2) of the Corporations Law on a public document, or a negotiable instrument, of the registered body or foreign company if:

    • (a)

      the body or company is also registered on the Australian Business Register; and

    • (b)

      the last 9 digits of its ABN are the same, and in the same order, as the last 9 digits of its ARBN; and

    • (c)

      ‘Australian Business Number’ or ‘ABN’ is displayed with the name of the body or company, or with 1 of the references to that name:

      • (i)

        in the case of a document or instrument in which the name appears on only 1 page — on that page; and

      • (ii)

        in the case of a document or instrument in which the name appears on 2 or more pages — on the first of those pages.

Notes

1. These Regulations amend Statutory Rules 1990 No. 455, as amended by 1991 Nos. 218, 219, 281, 341, 453, 478 and 479; Act No. 200, 1991; Statutory Rules 1992 Nos. 230, 281, 364, 395 and 450; 1993 Nos. 135, 207 and 277; 1994 Nos. 35, 108, 153, 221, 251, 302 and 430; 1995 Nos. 222, 344, 345 and 398; 1996 Nos. 26, 51, 55, 90, 205, 218 and 343; 1997 Nos. 10, 81, 102 and 142; 1998 Nos. 9, 22, 109, 128, 161, 185, 186, 239 and 293; 1999 Nos. 38, 47, 143, 212, 237 and 293; 2000 Nos. 11, 30, 31 and 50.

2. Made by the Governor-General on 25 May 2000, and notified in the Commonwealth of Australia Gazette on 26 May 2000.

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