Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 11 - EXTERNAL ADMINISTRATION  

PART 11-2 - SPECIAL ADMINISTRATION  

Division 493 - Notice requirements  

SECTION 493-1   NOTICE OF SPECIAL ADMINISTRATION DETERMINATION OR APPOINTMENT OF SPECIAL ADMINISTRATOR  

493-1(1)    
This section applies if the Registrar makes any of the following decisions:

(a)    a determination under section 487-1 that an Aboriginal and Torres Strait Islander corporation is to be under special administration;

(b)    an appointment under section 490-1 of a special administrator for an Aboriginal and Torres Strait Islander corporation;

(c)    an extension under section 487-15 of the period for which an Aboriginal and Torres Strait Islander corporation is to be under special administration;

(d)    an extension under section 490-5 of the period for which a special administrator for an Aboriginal and Torres Strait Islander corporation is appointed;

(e)    a determination under section 487-20 that an Aboriginal and Torres Strait Islander corporation is to cease to be under special administration.

493-1(2)    
The Registrar must, as soon as practicable, give notice of the decision to:

(a)    the corporation; and

(b)    any receiver, or receiver and manager, of property of the corporation of whom the Registrar is aware.

493-1(3)    
A notice under subsection (2) is not a legislative instrument.

493-1(4)    
The Registrar must, as soon as practicable, publish a notice of the decision:

(a)    in the Gazette ; and

(b)    either:

(i) in a national newspaper; or

(ii) for each State or Territory in which the corporation has its registered office (if any) or carries on business or other operations - in a daily newspaper that circulates generally in that State or Territory.

493-1(5)    
The notice under subsection (2) or (4) must specify:

(a)    the period for which the corporation is to be under special administration; or

(b)    the period for which the special administrator is appointed; or

(c)    the period for which the special administration is extended; or

(d)    the period for which the appointment of the special administrator is extended; or

(e)    the date on which the corporation is to cease to be under special administration.