New South Wales Consolidated Acts

AUSTRALIAN MUTUAL PROVIDENT SOCIETY ACT 1988 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 15)

1 Definitions

In this Schedule:
"commencement" means the commencement of section 4.

2 Continuing legal entity

Nothing in this Act affects:

(a) the identity of AMP, or

(b) its continuation as a body corporate by the Australian Mutual Provident Society’s Act 1910 .

3 Old by-laws of no further effect

The by-laws of AMP, as in force immediately before the commencement, cease to be by-laws of AMP on the commencement.

4 Membership of AMP continued

Any person who was a member immediately before the commencement shall, on the commencement, continue to be a member of AMP, but thereafter the person’s membership and the continuance of that membership are subject to the by-laws.

5 Directors and other officers

(1) Any person who:

(a) was appointed a director or other officer of AMP before the commencement, and

(b) held that position immediately before the commencement,

shall be taken to have been appointed in accordance with the Code and the by-laws of AMP (as in force on the commencement) as if the Code applied to AMP, and the by-laws were in force, at the time of the appointment.

(2) Any such person shall continue to hold that position subject to:

(a) the Code and the Code regulations, and

(b) the by-laws of AMP.

6 Auditors

(1) Any person who:

(a) was appointed an auditor of AMP before the commencement, and

(b) held that position immediately before the commencement,

shall be taken to have been appointed in accordance with the Code and the by-laws of AMP (as in force on the commencement) as if the Code applied to AMP, and the by-laws were in force, at the time of the appointment.

(2) Any such person shall continue to hold that position subject to:

(a) the Code and the Code regulations, and

(b) the by-laws of AMP.

7 Meetings

(1) The last annual meeting held before the commencement under the by-laws of AMP (as in force at the time of that meeting) shall be taken to have been an annual general meeting for the purposes of the Code and the by-laws of AMP as in force on the commencement.

(2) Any meeting that had been adjourned under the by-laws of AMP (as in force at the time of the adjournment) and not reconvened before the commencement shall be taken to be an adjourned meeting for the purposes of the Code and the by-laws as in force on the commencement.

8 Registered office and office hours

(1) On, or as soon as practicable after, the commencement, AMP:

(a) shall lodge with the Corporate Affairs Commission notice of the proposed registered office of AMP, and

(b) may lodge with the Commission notice of the hours (being not less than 3) between 9 am and 5 pm each day (Saturdays, Sundays and holidays excepted) during which the registered office of AMP is to be open and accessible to the public.

(2) The notices shall:

(a) be in the forms prescribed in accordance with the Code for the purposes of section 217 (1) and (2) of the Code, respectively, and

(b) comply with section 530A of the Code.

(3) The Corporate Affairs Commission is authorised to accept notices lodged under this clause.