Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Act 2006 (125 of 2006)

Schedule 3   Transitional provisions

Part 3   Matters pending under old Act immediately before commencement

Division 1   Applications for incorporation

73   Division applies to pending applications for incorporation under old Act

(1) This Division applies to an application made under section 43 of the old Act by the committee of an Aboriginal association for incorporation of the association under the old Act if the application had been made, but was still pending, before commencement.

(2) For the purposes of this item, the application is taken to be still pending before commencement if, before commencement:

(a) the ACA Registrar had neither issued, nor refused to issue, a certificate of incorporation to the association under section 45 of the old Act; or

(b) the ACA Registrar:

(i) had refused, under section 45 of the old Act, to issue a certificate of incorporation to the association; and

(ii) had given the committee of the association an invitation under paragraph 45(4)(c) of the old Act;

and the period for responding to the invitation had not ended; or

(c) the ACA Registrar:

(i) had refused, under section 45 of the old Act, to issue a certificate of incorporation to the association; and

(ii) had been given a notification under subsection 45(4) of the old Act; and

(iii) had not reconsidered the application under subsection 45(1) of the old Act.