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CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 536.1 Applying Corporations Act employees' entitlements provisions to Aboriginal and Torres Strait Islander corporations

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 536.1

Applying Corporations Act employees' entitlements provisions to Aboriginal and Torres Strait Islander corporations

  (1)   The Corporations Act employees' entitlements 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 company

an Aboriginal and Torres Strait Islander corporation

2

civil penalty order

civil penalty order (within the meaning of this Act)

Note:   Although section   526 - 35 applies the provisions of Part   5.8A to the winding up of an Aboriginal and Torres Strait Islander corporation, the employees' entitlements provisions are capable of applying independently of there being a winding up. This section ensures, for example, that a person will commit an offence (under the applied section   596AB) if the person enters into an agreement to defeat the entitlements of employees of an Aboriginal and Torres Strait Islander corporation (regardless of whether winding up proceedings are ever commenced).

  (2)   This section has effect without limiting section   526 - 35.

  (3)   In this Act:

" Corporations Act employees' entitlements provisions" means:

  (a)   Part   5.8A of the Corporations Act; and

  (b)   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 Part referred to in paragraph   (a); and

  (c)   the regulations made under that Act for the purposes of Part   5.8A of that Act and the provisions referred to in paragraph   (b).