Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 11 - EXTERNAL ADMINISTRATION  

PART 11-3 - RECEIVERS, AND OTHER CONTROLLERS, OF PROPERTY OF CORPORATIONS  

Division 516 - Receivers, and other controllers, of property of corporations  

SECTION 516-1   APPLYING CORPORATIONS ACT RECEIVER PROVISIONS TO ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATIONS  

516-1(1)    
The Corporations Act receiver provisions apply to an Aboriginal and Torres Strait Islander corporation as if the following substitutions were made:


Substitutions to be made
Item For a reference to … substitute a reference to …
1 a corporation an Aboriginal and Torres Strait Islander corporation
2 a company an Aboriginal and Torres Strait Islander corporation
3 ASIC the Registrar
4 a deed of company arrangement a deed of corporation arrangement


516-1(2)    
The Corporations Act receiver provisions apply to an Aboriginal and Torres Strait Islander corporation:

(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.

516-1(2A)    
Regulations made for the purposes of paragraph (2)(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.

516-1(3)    
In this Act:

Corporations Act receiver provisions
means:


(a) Part 5.2 of the Corporations Act; and


(b) the other provisions of that Act (including Parts 1.2 , 5.8 , 5.9 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 Part 5.2 of that Act; and


(c) the regulations made under that Act for the purposes of Part 5.2 of that Act and the provisions referred to in paragraph (b).



 

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