Corporations Act 2001

CHAPTER 8B - CORPORATE COLLECTIVE INVESTMENT VEHICLES  

PART 8B.6 - EXTERNAL ADMINISTRATION AND DEREGISTRATION  

Division 7 - External administration offences  

SECTION 1238D   APPLYING EXTERNAL ADMINISTRATION OFFENCES TO CCIVs  

1238D(1)    
The external administration offences provisions referred to in subsection (3) apply to a CCIV.

1238D(2)    
In addition to the application referred to in subsection (1) , the external administration offences provisions apply to a CCIV subject to:

(a)    such modifications as are set out in this Division; and

(b)    such other modifications as are necessary.

External administration offences provisions

1238D(3)    
The provisions (the external administration offences provisions ) are as follows:

(a)    Part 5.8 (other than a provision excluded by subsection (4) );

(b)    the other provisions of the Corporations legislation (other than a provision excluded by subsection (4) ) to the extent to which they relate to the operation of the provisions referred to in paragraph (a) .

1238D(4)    
For the purposes of subsection (3) , the regulations may specify provisions that are excluded from the external administration offences provisions.

Translation rules

1238D(5)    
In the application of the external administration offences provisions, those provisions apply as if the substitutions set out in the following table were made.

Substitutions to be made
Item	Column 1 If the provision …	Column 2 substitute a reference to …
1	refers to the company (the relevant company ) in relation to which the provision applies (whether the reference is express or implied, and (if the reference is express) whether the company is referred to as a company, a body corporate, a corporation, or in some other way), and the reference is not covered by another item of this table	the sub-fund (but see subsections (6) and (7) )
2	refers to the directors, or a director, or the board of the relevant company	the corporate director of the CCIV
3	refers to an officer of the relevant company	each of the following:
		(a)	a director of the CCIV;
		(b)	a person covered by paragraph (b) , (c) or (d) of the definition of officer of a CCIV in section 1224B in relation to the sub-fund
4	refers to shares in the relevant company	shares referable to the sub-fund

1238D(6)    
Despite item 1 of the table in subsection (5) , a reference covered by column 1 of that item is taken to be a reference to the CCIV if the context of the reference so requires (for example, because the reference requires the legal capacity and powers of a company).

1238D(7)    
If a reference in a provision to the relevant company is, as a result of subsection (6) , taken to be a reference to the CCIV, the operation of the provision in relation to the CCIV is confined, to the extent possible, to the sub-fund.