New South Wales Consolidated Acts

AGL CORPORATE CONVERSION ACT 2002 - SECT 13

13 Order specifying conversion day

(1) The Minister may, by order published in the Gazette, specify a day on which AGL is to be constituted as a body corporate under this Act (the "conversion day").

Day AGL specified to be constituted as a body corporate: 11.10.2002. See order published in Gazette No 163 of 4.10.2002, p 8622.

(2) The Minister may make an order under this section on the application of AGL only if the Minister is satisfied that:

(a) a conversion resolution has been passed by the proprietors of AGL in accordance with the provisions of this Act, and

(b) the period specified in section 11 for the making of an application for an invalidity order in respect of the resolution has expired, and

(c) an invalidity order has not been made by the Supreme Court under section 11 in respect of the resolution.

(3) The day specified in an order under this section must be no earlier than the day on which the order is published in the Gazette.

(4) An order under this section cannot be challenged, reviewed or called into question in proceedings before any court or tribunal.

(5) An order under this section is conclusive evidence in any proceedings before a court or tribunal that all the requirements of this Act have been complied with concerning the conversion of AGL into a body corporate.

(6) The Minister cannot make an order under this section in relation to a conversion resolution if the Minister is enjoined from doing so by the Supreme Court under section 11 (6).

Note: Section 11 (7) provides that the Minister may make a conversion order in relation to a conversion resolution even if it is the subject of an application for an invalidity order, unless the Minister is enjoined from doing so under section 11 (6).