Corporations Act 2001

CHAPTER 1 - INTRODUCTORY  

PART 1.6 - INTERACTION WITH AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012  

SECTION 111K  

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 Public Governance, Performance and Accountability Act 2013 ;

(ii) a subsidiary of a Commonwealth company for the purposes of that Act;

(iii) a subsidiary of a corporate Commonwealth entity for the purposes of that Act.

SECTION 111L   PROVISIONS NOT APPLICABLE TO THE BODY CORPORATE  

111L(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
5	(a) sections 180 to 183 ; and (b) section 185 , to the extent that it relates to sections 180 to 183	Duties of directors etc.
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
7	sections 191 to 194	Interests of directors
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.
9	(a) Part 2G.2 (other than sections 249R , 249RA , 249S , 250PAA and 250PAB ); and (b) Part 2G.3 , to the extent that it relates to meetings of the body corporate ' s members	Meetings of members
10	(a) Parts 2M.1 and 2M.2 ; and (b) Part 2M.3	Financial reports and audit
11	Chapter 2N	Updating ASIC information about companies, registered schemes and notified foreign passport funds
12	sections 601CDA , 601CK and 601CTA	Foreign companies
13	subsection 601CT(3) , section 601CV and subsections 601DH(1) and (1A)	Registered body must notify ASIC of certain changes

111L(2)    
Regulations made for the purposes of subsection (1) may be indefinite or limited to a specified period.

Reporting by debenture issuers

111L(3)    

Item 10 of the table in subsection (1) does not apply in relation to a financial year if the body corporate was a borrower in relation to debentures at the end of the year.

Prescribed provisions

111L(4)    
A provision of this Act prescribed by the regulations for the purposes of this subsection does not apply to the body corporate.

111L(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.

SECTION 111M   MEMBER APPROVAL  

111M(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.

111M(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) .

111M(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).

SECTION 111N   NOTICES  

Notice of change of address

111N(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.

111N(2)    
The Commissioner must give a copy of the notice to ASIC.

Notice of change of name - registered Australian bodies and registered foreign companies

111N(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.

111N(4)    
The Commissioner must give a copy of the notice to ASIC.

SECTION 111P   ANNUAL GENERAL MEETINGS  

111P(1)    
An order made under section 250PAA applies to a requirement in the governance standards (within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 ) for the holding of an annual general meeting in the same way as the order applies to the requirement in section 250N .

111P(2)    
An exemption under section 250PAB applies to a provision of the governance standards (within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 ) that requires the holding of an annual general meeting in the same way as the exemption applies to section 250N .

SECTION 111Q   PRESUMPTIONS TO BE MADE IN RECOVERY PROCEEDINGS  

111Q(1)    

Paragraphs 588E(4)(a) and (4A)(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 .

111Q(2)    

Paragraphs 588E(4)(b) and (4A)(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 .