Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 11 - EXTERNAL ADMINISTRATION  

PART 11-2 - SPECIAL ADMINISTRATION  

Division 499 - Function, duties and powers of special administrator  

SECTION 499-10   APPLYING CORPORATIONS ACT PROVISIONS TO ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATION THAT IS UNDER SPECIAL ADMINISTRATION  

499-10(1)    
The following provisions of the Corporations Act apply to an Aboriginal and Torres Strait Islander corporation that is under special administration:

(a)    Division 6 of Part 5.3A (other than section 440A );

(b)    Division 7 of Part 5.3A ;

(c)    Division 8 (other than section 442A ) of Part 5.3A ;

(d)    Division 9 of Part 5.3A ;

(e)    the other provisions of that Act (including Parts 1.2 and 9.4 and Schedule 3 but not including Parts 1.1 , 1.1A and 9.4A ) to the extent to which they relate to the operation of the provisions referred to in paragraphs (a) to (d) ;

(f)    the regulations made under that Act for the purposes of the provisions of that Act referred to in paragraphs (a) to (e) .

499-10(2)    
Those provisions apply to an Aboriginal and Torres Strait Islander corporation that is under special administration as if the following substitutions were made:

499-10(3)    
The provisions of the Corporations Act mentioned in subsection (1) apply to an Aboriginal and Torres Strait Islander corporation that is under special administration:

(a)    only to the extent to which they are capable of applying to an Aboriginal and Torres Strait Islander corporation; and

(b)    with the modifications specified in the regulations.

499-10(4)    
Regulations made for the purposes of paragraph (3)(b) must not:

(a)    increase, or have the effect of increasing, the maximum penalty for any offence; or

(b)    widen, or have the effect of widening, the scope of any offence.