New South Wales Consolidated Acts

AGL CORPORATE CONVERSION ACT 2002 - SECT 36

36 Registered AGL authorised to issue public documents and negotiable instruments with AGL’s existing ARBN

(1) Registered AGL is authorised to publish or sign in any place any public document or negotiable instrument even if the document or instrument does not comply with section 153 (2) of the Corporations Act 2001 of the Commonwealth if:

(a) the expression “Australian Registered Body Number” or “ARBN” followed by AGL’s existing ARBN is set out instead of the expression “Australian Company Number” followed by its ACN as specified by section 153 (2) of the Corporations Act 2001 of the Commonwealth and the other provisions of section 153 are complied with, or

(b) AGL’s existing ARBN is set out instead of its ACN as specified by section 153 (2) of the Corporations Act 2001 of the Commonwealth and the other provisions of section 153 are complied with.

(2) Without limiting subsection (1), registered AGL is authorised to set out AGL’s existing ARBN instead of its ACN in its annual returns under section 348 of the Corporations Act 2001 of the Commonwealth.

(3) Subsections (1) and (2) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to:

(a) in the case of subsection (1)-the provisions of section 153 (2) of that Act, and

(b) in the case of subsection (2)-the provisions of section 348 of that Act.

Note: Section 5G (4) of the Corporations Act 2001 of the Commonwealth provides that a provision of the Corporations legislation does not:

(a) prohibit the doing of an act, or

(b) impose a liability (whether civil or criminal) for doing an act,

if a provision of a law of a State or Territory specifically authorises or requires the doing of that act.
However, section 5G (3) of that Act provides that section 5G will only apply to a provision of a law of a State or Territory enacted after the commencement of that Act if a law of the State or Territory declares the provision to be a Corporations legislation displacement provision for the purposes of that section.

(4) Subsection (1) (a) and, to the extent that it relates to that paragraph, subsection (3) cease to have effect on the expiry of the period of 2 years commencing on the registration day. However, nothing in this subsection affects the previous operation of this section.

(5) In this section, "AGL’s existing ARBN" means the ARBN of AGL immediately before the conversion day.