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CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 499.10 Applying Corporations Act provisions to Aboriginal and Torres Strait Islander corporation that is under special administration

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 499.10

Applying Corporations Act provisions to Aboriginal and Torres Strait Islander corporation that is under special administration

  (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).

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

 

Substitutions to be made

Item

For a reference to...

substitute a reference to...

1

a company

an Aboriginal and Torres Strait Islander corporation

2

administrator

special administrator

3

administration

special administration

  (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.

  (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.