Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 11 - EXTERNAL ADMINISTRATION  

PART 11-5 - WINDING UP  

Division 526 - Winding up  

SECTION 526-40   APPLICATION OF CORPORATIONS ACT PRE-WINDING UP PROVISIONS  

526-40(1)    
The Corporations Act pre-winding up provisions apply to an Aboriginal and Torres Strait Islander corporation as if the following substitutions were made:


Substitutions to be made
Item For a reference to … substitute a reference to …
1 a company an Aboriginal and Torres Strait Islander corporation
2 section 459P section 526-15 of this Act
3 ASIC the Registrar
4 lodged lodged with the Registrar

Note:

This section is intended to apply to Aboriginal and Torres Strait Islander corporations some provisions of the Corporations Act that are capable of operating before a winding up commences (or even whether or not a winding up ever occurs). Section 526-35 only applies provisions of the Corporations Act to a winding up of an Aboriginal and Torres Strait Islander corporation.


526-40(2)    
This section has effect without limiting section 526-35 .

526-40(3)    
In this Act:

Corporations Act pre-winding up provisions
means:


(a) section 459C , Divisions 2 and 3 of Part 5.4 and section 459Q of the Corporations Act; and


(b) section 487 of that Act; and


(c) section 494 of that Act; and


(d) section 570 of that Act; and


(e) Division 9 of Part 5.6 of that Act; and


(f) the other provisions of that Act (including Parts 1.2 , 5.8 and 9.4 and Schedule 3 but not including Parts 1.1 , 1.1A and 9.4A ) to the extent to which they relate to the operation of the provisions referred to in paragraphs (a) to (e); and


(g) the regulations made under that Act for the purposes of the provisions of that Act referred to in paragraphs (a) to (e) and the provisions referred to in paragraph (f).





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