Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012 (169 of 2012)
Schedule 3 Amendments consequential on the establishment of the ACNC
Part 3 Corporations legislation
Division 1 Amendments commencing at the same time as the Australian Charities and Not-for-profits Commission Act 2012
Corporations Act 2001
24 At the end of Chapter 1
Add:
Part 1.6 - Interaction with Australian Charities and Not-for-profits Commission Act 2012
111K Bodies corporate registered under the Australian Charities and Not-for-profits Commission Act 2012
This Part applies to a body corporate that:
(a) is registered under the Australian Charities and Not-for-profits Commission Act 2012; and
(b) is none of the following:
(i) a Commonwealth company for the purposes of the Commonwealth Authorities and Companies Act 1997;
(ii) a subsidiary of a Commonwealth company for the purposes of that Act;
(iii) a subsidiary of a Commonwealth authority for the purposes of that Act.
111L Provisions not applicable to the body corporate
(1) A provision of this Act mentioned in the following table does not apply to the body corporate, subject to any conditions prescribed by the regulations for the purposes of this subsection in relation to the provision:
|
Provisions of this Act that do not apply to bodies corporate registered under the ACNC Act |
||
|
Item |
Column 1 Provision(s) |
Column 2 Topic |
|
1 |
subsection 136(5) |
Public company must lodge with ASIC a copy of a special resolution adopting, modifying or repealing its constitution |
|
2 |
section 138 |
ASIC may direct company to lodge consolidated constitution |
|
3 |
section 139 |
Company must send copy of constitution to member |
|
4 |
subsection 142(2), section 146 and subsection 146A(2) |
Company must notify ASIC of changes of address |
|
6 |
section 188, to the extent it relates to a provision mentioned in another item of this table |
Responsibility of secretaries and directors for certain contraventions |
|
8 |
(a) sections 201L and 205A to 205C; and (b) section 205D, to the extent it relates to section 205B; and (c) section 205E |
Public information about directors etc. |
|
11 |
Chapter 2N |
Updating ASIC information about companies and registered schemes |
|
13 |
subsection 601CT(3), section 601CV and subsections 601DH(1) and (1A) |
Registered body must notify ASIC of certain changes |
(2) Regulations made for the purposes of subsection (1) may be indefinite or limited to a specified period.
Prescribed provisions
(4) A provision of this Act prescribed by the regulations for the purposes of this subsection does not apply to the body corporate.
(5) Regulations made for the purposes of subsection (4) may:
(a) be expressed to be subject to conditions; and
(b) be indefinite or limited to a specified period; and
(c) specify a provision even if the provision is mentioned in another section of this Part.
111M Member approval
(1) This section applies if:
(a) a provision of this Act provides that one or more conditions must be satisfied for there to be member approval (however described) in relation to the body corporate; and
Example: Division 3 of Part 2E.1.
(b) the governance standards (within the meaning of the Australian Charities and Not-for-profits Commission Act 2012) provide that one or more conditions must be satisfied for there to be such member approval.
(2) Paragraph (1)(a) does not apply to a condition that a person give to another person particular information that relates to the matter that is the subject of the member approval.
Example: Paragraph 218(1)(b).
(3) The provision mentioned in paragraph (1)(a) has effect, in relation to the body corporate, as if it, instead of providing for the conditions mentioned in that paragraph, provided for the conditions mentioned in paragraph (1)(b).
111N Notices
Notice of change of address
(1) For the purposes of subsection 142(3), the body corporate is treated as having lodged with ASIC on a day a notice that the address of its registered office has changed to a new address, if, on that day, the body corporate notifies the Commissioner of the ACNC, in accordance with the Australian Charities and Not-for-profits Commission Act 2012, that the body corporate's address for service has changed to that new address.
(2) The Commissioner must give a copy of the notice to ASIC.
Notice of change of name - registered Australian bodies and registered foreign companies
(3) For the purpose of subsection 601DH(2), the body corporate is treated as having given ASIC on a day written notice of a change to its name if, on that day, the body corporate gives the Commissioner of the ACNC, in accordance with the Australian Charities and Not-for-profits Commission Act 2012, notice of the change.
(4) The Commissioner must give a copy of the notice to ASIC.
111Q Presumptions to be made in recovery proceedings
(1) Paragraph 588E(4)(a) and subsection 588E(5) apply to the body corporate as if the references in those provisions to subsection 286(1) were references to subsections 55-5(1) to (3) of the Australian Charities and Not-for-profits Commission Act 2012.
(2) Paragraph 588E(4)(b) and subsection 588E(6) apply to the body corporate as if the references in those provisions to subsection 286(2) were references to subsections 55-5(4) and (5) of the Australian Charities and Not-for-profits Commission Act 2012.