Corporations Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 205 1

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Corporations Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Corporations Act 1989.

Dated 10 September 1996.

 

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

  

B. GIBSON

Parliamentary Secretary to the Treasurer

for the Treasurer

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1.   Amendment

1.1   The Corporations Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   New Part heading (Part 3.3)

2.1   After regulation 3.2.02, insert:

“PART 3.3—MEETINGS AND PROCEEDINGS”.

3.   Regulation 3.2.03 (Certification of statutory report and auditor’s report)

3.1   Renumber the regulation as regulation 3.3.01.

4.   Regulation 3.2.04 (Statement to accompany copy of minute)

4.1   Omit the regulation, substitute:

Statement to accompany copy of minute

 “3.3.02. A copy of a minute lodged under subsection 249 (8) of the Corporations Law must be set out in, or annexed to, a statement in accordance with Form 308.

“PART 3.5—CHARGES”.

5.   Regulation 3.2.05 (Lien or charge on crop, wool or stock mortgage that is a registrable security: prescribed law)

5.1   Renumber the regulation as regulation 3.5.01.

6. Regulation 3.2.06 (Registration under other legislation relating to charges: prescribed matters under section 273 of the Corporations Law)

6.1   Omit the regulation, substitute:

Time period for the provisional registration of charges

 “3.5.02. For the purposes of paragraph 265 (5) (b) of the Corporations Law, the period in which a certificate must be produced to the Commission, being a certificate:

• (a)

  to the effect set out in paragraph 265 (4) (b) of the Law; and

• (b)

  that relates to a notice, in respect of a charge on property of a company, that was lodged under section 263 or 264 of the Law at any time on or after the day commencing 30 days before the commencement of this regulation;

is 90 days after the notice is lodged.

Registration under other legislation relating to charges: prescribed matters under section 273 of the Corporations Law

 “3.5.03. For the purposes of subsection 273 (1) of the Corporations Law, the prescribed time is the date of commencement of section 273 of the Law.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 17 September 1996.

2. 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 and 90.