Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 12 - TRANSFER OF REGISTRATION, DEREGISTRATION AND UNCLAIMED PROPERTY  

PART 12-2 - DEREGISTRATION  

Division 546 - Deregistration  

SECTION 546-10   DEREGISTRATION - FOLLOWING AMALGAMATION OR WINDING UP  

546-10(1)    
The Registrar must deregister an Aboriginal and Torres Strait Islander corporation if the Court orders the deregistration of the corporation under:

(a)    paragraph 413(1)(d) of the Corporations Act (as applied by section 45-1 of this Act ) (reconstruction and amalgamations); or

(b)    paragraph 481(5)(b) of the Corporations Act (as applied by section 526-35 of this Act ) (release of liquidator); or

(c)    

subsection 509(2) of the Corporations Act (as applied by section 526-35 of this Act ) (liquidator ' s return following winding up).

546-10(2)    
The Registrar must deregister an Aboriginal and Torres Strait Islander corporation if:

(a)    

3 months have passed since the corporation ' s liquidator lodged the end of administration return for the company under section 70-6 of Schedule 2 to the Corporations Act (as applied by section 526-35 of this Act ); and

(b)    

no order under subsection 509(2) of the Corporations Act (as applied by section 526-35 of this Act ) has been made during that period.

546-10(3)    
If:

(a)    an application is made under section 23-1 to register an Aboriginal and Torres Strait Islander corporation (the amalgamated corporation) under Part 2-3 to replace 2 or more existing Aboriginal and Torres Strait Islander corporations (the amalgamating corporations); and

(b)    the Registrar registers the amalgamated corporation as a result of the application;

the Registrar must deregister the amalgamating corporations.

546-10(4)    
Subsections 546-20(2) to (7) and sections 546-25 to 546-40 do not apply to the deregistration of an Aboriginal and Torres Strait Islander corporation under subsection (3) of this section.