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

76   Pending notifications under subsection 45(4) of the old Act

(1) This item applies if, before commencement, the ACA Registrar:

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

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

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

(2) The ACA Registrar's refusal to issue a certificate of incorporation to the association is taken to be a decision by the CATSI Registrar under section 26-1 of the new Act not to grant the application.

(3) The invitation to the committee of the association is taken to be an invitation given to the applicant under paragraph 32-5(1)(d) of the new Act.

(4) The notification under subsection 45(4) of the old Act is taken to be advice given to the CATSI Registrar under paragraph 32-5(1)(d) of the new Act.

Note: This means that the CATSI Registrar will need to reconsider the application under subsection 32-5(2) of the new Act and may need to ask the applicant for additional information because of the requirements of sections 21-1 and 21-5 of the new Act.