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 546-40   REINSTATEMENT  
Reinstatement by the Registrar

546-40(1)    
The Registrar may reinstate the registration of an Aboriginal and Torres Strait Islander corporation if the Registrar is satisfied that the corporation should not have been deregistered.

Reinstatement by Court

546-40(2)    
The Court may make an order that the Registrar reinstate the registration of an Aboriginal and Torres Strait Islander corporation if:

(a)    an application for reinstatement is made to the Court by:

(i) a person aggrieved by the deregistration; or

(ii) a former liquidator of the corporation; and

(b)    the Court is satisfied that it is just that the corporation ' s registration be reinstated.

546-40(3)    
If the Court makes an order under subsection (2) , it may:

(a)    validate anything done between the deregistration of the corporation and its reinstatement; and

(b)    make any other order it considers appropriate.

Note:

For example, the Court may direct the Registrar to transfer to another person property vested in the Registrar under subsection 546-20(2) .

Registrar to give notice of reinstatement

546-40(4)    
The Registrar must give notice of a reinstatement in the Gazette . If the Registrar exercises his or her power under subsection (1) in response to an application by a person, the Registrar must also give notice of the reinstatement to the applicant.

Effect of reinstatement

546-40(5)    
If an Aboriginal and Torres Strait Islander corporation is reinstated:

(a)    the corporation is taken to have continued in existence as if it had not been deregistered; and

(b)    a person who was a director of the corporation immediately before deregistration becomes a director again as from the time when the Registrar or the Court reinstates the corporation; and

(c)    any property of the corporation that is still vested in the Registrar revests in the corporation; and

(d)    if the corporation held particular property subject to a security or other interest or claim - the corporation takes the property subject to that interest or claim.