New South Wales Consolidated Acts

AGL CORPORATE CONVERSION ACT 2002 - SECT 32

32 Minister may issue compliance certificate

(1) The Minister may issue a compliance certificate to AGL or corporatised AGL that certifies that the provisions of this Act have been complied with concerning the transfer of the incorporation of corporatised AGL to the Corporations Act 2001 of the Commonwealth if the Minister is satisfied that:

(a) a registration resolution has been passed, 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.

(2) The Minister is to provide ASIC with a copy of the compliance certificate issued under this section as soon as practicable after it is issued to AGL or corporatised AGL. However, a failure to provide such a copy does not affect the validity of the certificate.

(3) A compliance certificate issued under this section cannot be challenged, reviewed or called into question in proceedings before any court or tribunal.

(4) A compliance certificate issued 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 transfer of the incorporation of corporatised AGL to the Corporations Act 2001 of the Commonwealth as a public company limited by shares.

(5) The Minister cannot issue a certificate under this section in relation to a registration 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 issue a compliance certificate in relation to a registration 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).