Corporations Regulations (Amendment) (Cth)
I, THE
GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of
the Federal Executive Council, make the following Regulations under the
Dated 10 September 1991.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
MICHAEL DUFFY
Attorney-General
____________
1.1 Regulations 4, 5, 8 and 18 are taken to have commenced on 1 January 1991.
2.1 The Corporations Regulations are amended as set out in these Regulations.
3.1 Paragraph 1.07 (d):
Omit the paragraph, substitute:
“(d) subject to paragraph (h), have margins of not less than 10 millimetres on all sides; and”.
4.1 Omit the regulation, substitute:
(1) In
this regulation,
For the purposes of subsection 297 (1) of the Corporations Law, the prescribed requirements are set out:
(a) in relation to a financial year commencing on or after 1 January 1991—in Schedule 5; or
(b) in relation to a financial year ending before 1 January 1991—in Schedule 7; or
(c) in relation to a financial year commencing before 1 January 1991 and ending after that day:
(i) in Schedule 5; or
(ii) in Schedule 7.
A company to which paragraph (2) (c) applies must state in the financial statements the reporting option it has used.”.
5.1 Omit the regulation.
6.1 Paragraph 3.8.01 (x):
After subparagraph (iii), insert:
“(iiia) the total number of shares held by the shareholder;”.
7.1 Paragraph 3.8.02 (b):
Omit “Commissioner”, substitute “Commission”.
8.1 Subregulation 7.3.11 (1):
Omit the subregulation, substitute:
Divisions 1 and 3 of Part 7.3, Parts 7.5, 7.6 and 7.7 and section 842 of the Corporations Law do not have effect in relation to a dealing by a person in, or with, a prescribed interest in relation to which an approved deed within the meaning of section 1066 of the Corporations Law was not required to be in force.”.
9.1 Subparagraph 7.12.06 (a) (v):
After “fund”, insert “or an approved deposit fund”.
10.1 After “Corporations Law”, insert “, or a supplementary prospectus lodged under paragraph 1024 (1) (b) of the Corporations Law,”.
11.1 Omit paragraphs 1021 (6) (a) and (b), as modified by regulation 7.12.11, substitute:
“(a) the nature and extent of an interest that exists, or has existed at any time in the period of 2 years before the prospectus is lodged with the Commission, of:
(i) the trustee or representative or management company in relation to the arrangement, common enterprise, financial or business undertaking, investment contract or scheme; and
(ii) every director or proposed director of the trustee, representative or management company and every promoter and expert;
in the promotion, or in the property proposed to be acquired for the purposes, of that arrangement, common enterprise, financial or business undertaking, investment contract or scheme; or
(b) if the interest of the director, proposed director, promoter or expert consists of being a partner in a firm—the nature and extent of the interest of the firm;
with a statement of all amounts paid, or agreed to be paid, in the last 2 years to a person to whom paragraph (a) applies, or to the firm, in cash or otherwise by any person:”.
12.1 Subregulation 7.12.12 (1):
After “advisers”, insert “would reasonably require, and”.
13.1 Subregulation 7.12.15 (2):
Add at the end:
“; (h) a covenant that if the management company gives application moneys to the trustee or representative under the covenant set out in paragraph (6) (ba), the trustee or representative will:
(i) hold the moneys in a trust account, on trust for the applicant, until the application form is received; and
(ii) if the management company advises the trustee or representative that the form has been received by the management company within 30 days after the moneys are received:
(a) apply the moneys as soon as practicable after being advised, but not later than the close of business on the next working day after being advised; and
(b) if the applicant, in writing, advises the management company that interest accrued while the moneys are held by the trustee or representative is to be treated as additional application moneys—treat the interest as additional application moneys; and
(c) if the applicant, in writing, advises the management company that interest accrued
while the moneys are held by the trustee or representative is to be paid to the applicant—pay the interest to the applicant as soon as practicable; and
(iii) if the management company advises the trustee or representative that the form has not been received by the management company within 30 days after the moneys are received—return the moneys and interest to the applicant as soon as practicable.”.
13.2 Paragraph 7.12.15 (6) (b):
Omit the paragraph, substitute:
“(b) a covenant that the management company will, on receipt of application moneys that are accompanied by a completed application form relating to a current prospectus, pay to the trustee or representative the moneys as soon as practicable after their receipt but not later than the close of business on the next working day after the day of receipt;
(ba) a covenant that the management company will, on receipt of application moneys that are not accompanied by a completed application form relating to a current prospectus and as soon as practicable return the moneys to the applicant or:
(i) attempt to obtain the form from the applicant; and
(ii) give the moneys to the trustee or representative specified in paragraph (b); and
(iii) if interest accrues while the moneys are held by the trustee or representative—ask the applicant, in writing, whether the applicant wants the interest to be dealt with as additional application moneys or to be paid to the applicant;
(bb) a covenant that the management company will, in all prospectuses and other representations relating to the prescribed interests, direct that all cheques and other payment orders in respect of applications for prescribed interests be drawn in favour of the trustee or representative on account of the particular prescribed interest concerned;”.
14.1 After regulation 8.1.01, insert:
For
the purposes of the definition of
15.1 Subparagraph 9.2.04 (a) (i):
Omit “continuous”.
15.2 Paragraph 9.2.04 (c):
Omit “a previous law corresponding to subsection 332 (3) or (4)”, substitute “previous laws corresponding to subsections 332 (3) and (4)”.
16.1 Item 23:
After the item , insert:
“23A Subsection 245 (5) Application for extension of 322
time to hold the Annual
General Meeting”.
16.2 Item 31:
Omit the item, substitute:
“31 Paragraph 329 (11) (c) Notice of resignation or 315
removal of auditor”.
16.3 Item 64:
Omit the item, substitute:
“64 Subsections 509 (3) Notification of final meeting 523
and (4) convened by liquidator”.
16.4 After
“
“146A Paragraph 1274 (8) (h) Notification of information 902
supplementary to a form or
document previously lodged”.
16.5 After item 154, insert:
“154a Subsection 1302 (4) Notice of change of address 909”.
17.1 Form 201:
Omit “000/”.
17.2 Form 201:
Omit “Has the company adopted its Articles Table A Schedule?”, substitute “Has the company adopted the Table A Schedule as its Articles?”.
17.3 Form 201:
Omit “ACN or ARBN” (wherever occurring), substitute “A.C.N. or A.R.B.N.”.
17.4 Form 202:
Omit “000/” (wherever occurring).
17.5 Form 202:
Omit “ARBN”, substitute “A.R.B.N.”.
17.6 Form 203:
Omit “000/”.
17.7 Form 203:
Omit “registrable” (wherever occurring), substitute “registered”.
17.8 Form 203:
Omit “ACN or ARBN” (wherever occurring), substitute “A.C.N. or A.R.B.N.”.
17.9 Form 205:
Omit “000/”.
17.10 Form 205:
Omit “ACN”, substitute “A.C.N.”.
17.11 Form 205:
Omit “392 (2)”, substitute “329 (2)”.
17.12 Form 206:
Omit “000/”.
17.13 Form 206:
Omit “ACN”, substitute “A.C.N.”.
17.14 Form 207:
Omit “000/”.
17.15 Form 207:
Omit “ACN”, substitute “A.C.N.”.
17.16 Form 207:
Omit “form 000/208”, substitute “form 208”.
17.17 Form 208:
Omit “000/”.
17.18 Form 208:
Omit “Form 000/207” (wherever occurring), substitute “Form 207”.
17.19 Form 208:
Omit “ACN”, substitute “A.C.N.”.
17.20 Form 208:
Omit “debt released or liabilities assured”, substitute “debt released or liabilities assumed”.
17.21 Form 208:
Omit “books and other debts”, substitute “book and other debts”.
17.22 Form 213:
Omit “000/”.
17.23 Form 213:
Omit “ACN”, substitute “A.C.N.”.
17.24 Form 214:
Omit “000/”.
17.25 Form 214:
Omit “ACN”, substitute “A.C.N.”.
17.26 Form 215:
Omit “000/”.
17.27 Form 215:
Omit “ACN”, substitute “A.C.N.”.
17.28 Form 304:
Omit “000/”.
17.29 Form 304:
Omit “ACN or ARBN”, substitute “A.C.N. or A.R.B.N.”.
17.30 Form 304:
Omit “registrable Australian body”, substitute “registered Australian body”.
17.31 Form 305:
Omit “000/”.
17.32 After form 307, insert:
17.33 Form 308:
Omit “000/”.
17.34 Form 308:
Omit “ACN” (wherever occurring), substitute “A.C.N.”.
17.35 Form 308:
Omit “ARBN”, substitute “A.R.B.N.”.
17.36 Form 308:
Omit “392(2)”, substitute “329 (2)”.
17.37 Form 310:
Omit “000/”.
17.38 Form 310:
Omit “ACN or ARBN”, substitute “A.C.N. or A.R.B.N.”.
17.39 Form 310:
Omit “registrable Australian body”, substitute “registered Australian body”.
17.40 Form 311:
Omit “000/”.
17.41 Form 311:
Omit “ACN or ARBN” (wherever occurring), substitute “A.C.N. or A.R.B.N.”.
17.42 Form 312:
Omit “000/”.
17.43 Form 312:
Omit “ACN or ARBN”, substitute “A.C.N. or A.R.B.N.”.
17.44 Form 315:
Omit “Notice of removal of auditor”, substitute “Notice of resignation or removal of auditor”.
17.45 Form 316:
Omit
“
17.46 Form 401:
Omit “000/” (wherever occurring).
17.47 Form 402:
Omit “000/” (wherever occurring).
17.48 Form 404:
Omit “000/” (wherever occurring).
17.49 Form 404:
Omit “ARBN”, substitute “A.R.B.N.”.
17.50 Form 404:
Omit “ACN” (wherever occurring), substitute “A.C.N.”.
17.51 Form 407:
Omit “000/”.
17.52 Form 407:
Omit “ARBN”, substitute “A.R.B.N.”.
17.53 Form 407:
Omit “registrable Australian body” (wherever occurring), substitute “registered Australian body”.
17.54 Form 408:
Omit all words and numbers after “* Omit if not applicable”.
17.55 Form 409:
Omit “000/”.
17.56 Form 409:
Omit “registrable Australian body” (wherever occurring), substitute “registered Australian body”.
17.57 Form 410:
Omit “000/”.
17.58 Form 410:
Omit “378(1)”, substitute “378”.
17.59 Form 410:
Omit “ACN or ARBN”, substitute “A.C.N. or A.R.B.N.”.
17.60 Form 504:
Omit “000/”.
17.61 Form 504:
Omit “ACN or ARBN”, substitute “A.C.N. or A.R.B.N.”.
17.62 Form 505:
Omit “000/”.
17.63 Form 505:
Omit “ACN or ARBN”, substitute “A.C.N. or A.R.B.N.”.
17.64 Form 506:
Omit “000/”.
17.65 Form 506:
Omit “ACN or ARBN”, substitute “A.C.N. or A.R.B.N.”.
17.66 Form 508:
Omit “000/”.
17.67 Form 508:
Omit “ACN or ARBN”, substitute “A.C.N. or A.R.B.N.”.
17.68 Form 510:
Omit “000/”.
17.69 Form 510:
Omit “ACN”, substitute “A.C.N.”.
17.70 Form 512:
Omit “000/”.
17.71 Form 512:
Omit “ACN”, substitute “A.C.N.”.
17.72 Form 513:
Omit “000/”.
17.73 Form 513:
Omit “ACN”, substitute “A.C.N.”.
17.74 Form 514:
Omit “000/”.
17.75 Form 514:
Omit “ACN”, substitute “A.C.N.”.
17.76 Form 516:
Omit “000/”.
17.77 Form 516:
Omit “ACN”, substitute “A.C.N.”.
17.78 Form 516:
Omit “448(4)”, substitute “448(5)”.
17.79 Form 519:
Omit “000/”.
17.80 Form 519:
Omit “ACN or ARBN”, substitute “A.C.N. or A.R.B.N.”.
17.81 Form 520:
Omit “000/”.
17.82 Form 520:
Omit “ACN”, substitute “A.C.N.”.
17.83 Form 520:
Omit “bill receivable”, substitute “bills receivable”.
17.84 Form 522:
Omit “000/”.
17.85 Form 522:
Omit “ACN”, substitute “A.C.N.”.
17.86 Form 522:
Omit “(496(1))”, substitute “(496(4))”.
17.87 Forms 523 and 524:
Omit the forms, substitute:
17.88 Form 528:
Omit “000/”.
17.89 Form 528:
Omit “ACN”, substitute “A.C.N.”.
17.90 Paragraph 2 (a) of form 603:
After “relevant interests”, insert “, being shares to which the substantial shareholder is entitled,”.
17.91 Note (2) to form 603:
Omit “regulation [ ]”, substitute “paragraph 709 (3) (c)”.
17.92 Paragraph 1.A (b) of form 604:
After “relevant interests”, insert “, being shares to which the substantial shareholder was entitled,”.
17.93 Paragraph 1.C (b) of form 604:
After “relevant interests”, insert “, being shares to which the substantial shareholder is entitled,”.
17.94 Note (2) to form 604:
Omit “regulation [ ]”, substitute “paragraph 710 (3) (d)”.
17.95 Note (3) to form 605:
Omit “regulation [ ]”, substitute “paragraph 711 (3) (e)”
17.96 Clause 2 of form 705:
Omit “this application” (wherever occurring), substitute “this statement”.
17.97 Clause 2 of form 705:
Omit
“
17.98 Clause 2 of form 705:
Omit
“
17.99 Clause 4 of form 711:
Omit subclause 3.
17.100 Clause 4 of form 711:
Add at the end of subclause 4:
“(e) Securities quoted on a securities exchange (at cost or market value, whichever is the lower)
(f) Prepayments
(g) Other liquid capital (specify particulars here)”.
17.101 After form 812, insert:
17.102 After form 908, insert:
Subsection 1302 (4)
* From
* From
Dated 19
* Director / * Principal Executive Officer / * Secretary
*
__________
(1) State whether the register is:
a register of: members; or
options; or
directors’ shareholdings and other interests; or
directors, principal executive officers and secretaries; or
charges; or
substantial shareholders; or
information received in a notice given under Part 6.8 or a previous corresponding law; or
holders of debentures; or
a branch register of members or holders of debentures.
____________________
17.103 Form 911:
Omit “000/”.
17.104 Form 911:
Omit “ACN”, substitute “A.C.N. or A.R.B.N.”.
18.1 Subclause 18 (7):
Omit “that loan.”, substitute “that loan, or all of those loans.”.
18.2 Paragraph 25 (1) (d):
Omit the paragraph.
18.3 Paragraph 27 (2) (b):
Omit “each auditor”, substitute “the auditor or auditors”.
18.4 Paragraph 27 (2) (b):
After “by that auditor”, insert “or the auditors”.
18.5 Subclause 28 (1):
After “guarantor”, insert “body”.
18.6 Subclause 28 (2):
Omit “guarantor corporation”, substitute “guarantor body”.
18.7 Paragraph 29 (1) (a):
After “listed corporation”, insert “, or an unlisted corporation that is a subsidiary of that corporation”.
18.8 Paragraph 29 (1) (a):
Omit “employed by the corporation:”, substitute “employed by the listed or the unlisted corporation:”.
19.1 Subclause 9 (2) of Part 3:
Omit “The statement”, substitute “If the securities have not been granted official quotation on a securities exchange, the statement”.
20.1 Omit “The Baltic Futures Exchange (BFE)”.
20.2 After “Commodity Exchange Inc. (COMEX)”, insert “Deutsche Terminborse”.
20.3 Omit “New Zealand Futures Exchange Ltd. (NZFE)”, substitute “New Zealand Futures & Options Exchange Ltd. (NZFOE)”.
21.1 The amendments of Schedule 5 of the Corporations Regulations made by regulation 18 of these Regulations do not apply in relation to financial statements made out by a company’s directors:
(a) before the date on which this regulation commences; and
(b) in accordance with Schedule 5 to the Corporations Regulations as in force immediately before that date.
[
A number of companies have already made out their financial statements for 1991 in anticipation of the amendments, rather than in accordance with the unamended version of Schedule 5. Regulation 1 gives legal effectiveness to statements made out in this manner by providing that the amendments in regulation 18 are taken to have commenced on 1 January 1991. However, there are also some companies that have made out their statements in accordance with the unamended version of Schedule 5. Those statements contain information that is inconsistent with the requirements of the amended version of the Schedule.
The intention of regulation 21 is to ensure that no offence is committed in relation to the making out of financial statements before the date on which the regulation commences merely because a company’s directors made out the statements in accordance with the unamended version of Schedule 5 ].
1. Notified in the
2. Statutory Rules 1990 No. 455 as amended by 1991 Nos. 218 and 219.
0
0
0