New South Wales Repealed Acts

This legislation has been repealed.

JAMES HARDIE FORMER SUBSIDIARIES (SPECIAL PROVISIONS) ACT 2005

- As at 8 February 2007
- Act 45 of 2005

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Extraterritorial operation of Act
   5.      Construction of legislation so as not to exceed the legislative power of Parliament
   6.      Act to bind State and other jurisdictions

   PART 2 - LIMITATIONS ON CORPORATE RESTRUCTURING

           Division 1 - Interpretation

   7.      Definitions

           Division 2 - Registered offices and Member Registers

   8.      Registered offices to be within the State
   9.      Member Register to be within the State
   10.     Orders to relocate registered office or Member Register to the State

           Division 3 - Transfers of shares by relevant companies

   11.     Certain transfers of shares in liable entities prohibited
   12.     Orders requiring transfer of shares back to relevant company

           Division 4 - Expiry of Part

   13.     Part expires when external administration period ends

           Division 5 - Displacement of Corporations legislation

   14.     Displacement of certain provisions of Corporations legislation

   PART 3 - EXTERNAL ADMINISTRATION OF LIABLE ENTITIES

           Division 1 - General

   15.     External administration period
   16.     External administration must be conducted under this Part

           Division 2 - Management of liable entities

   17.     Management during external administration period
   18.     Conduct of business during external administration period
   19.     Directions from Minister
   20.     Notification that liable entity under external administration
   21.     Liable entity may continue to trade while insolvent
   22.     Deregistration of liable entities

           Division 3 - Making and payment of claims

   23.     Claims payable only as permitted by this Division
   24.     Determination of whether sufficient funds
   25.     Payments during period of sufficient funds
   26.     Minister may apply to Supreme Court if insufficient funds

           Division 4 - Reporting requirements, information and assistance

   27.     External administration accounts
   28.     Inspection of books
   29.     Assistance from officers of liable entity

           Division 5 - Removal of directors of liable entities

   30.     Supreme Court may order removal of directors

           Division 6 - Enforcement

   31.     Meaning of “authorised applicant”
   32.     Enforcement of provisions of this Part
   33.     Advice or directions concerning provisions of this Part
   34.     Supreme Court may request non-NSW court or tribunal to act in its aid
   35.     Protection for exercise of certain functions during external administration period

           Division 7 - Displacement of Corporations legislation

   36.     Displacement of certain provisions of the Corporations Act

   PART 4 - MISCELLANEOUS

   37.     Exemption from State tax
   38.     Delegation
   39.     Service of documents
   40.     Offences by corporations
   41.     Nature of proceedings for offences
   42.     Regulations
   43.     Savings, transitional and other provisions
   44.     (Repealed)
           SCHEDULE 1
           Schedule 2 (Repealed)