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 3   Changes to constitution

80   Changes to constitution made but not approved before commencement

(1) This item applies if, before commencement:

(a) a transitional corporation had, in accordance with the its Rules, altered its Rules (whether or not notice of the alteration was filed with the ACA Registrar under subsection 54(1) of the old Act); and

(b) the ACA Registrar neither approved the alteration, nor refused to approve the alteration, under subsection 54(2) of the old Act.

(2) This item also applies if, before commencement:

(a) a transitional corporation had, in accordance with its Rules, altered its objects (whether or not a copy of the alteration was filed with the ACA Registrar under subsection 52(1) of the old Act); and

(b) the ACA Registrar neither approved the alteration, nor refused to approve the alteration, under subsection 52(2) of the old Act.

(3) The alteration is taken, for the purposes of subsection 69-5(1) of the new Act, to be a change to the transitional corporation's constitution.

(4) The transitional corporation is taken, for the purposes of the new Act, to have passed a special resolution effecting the change to the constitution.

(5) Subsection 69-20(1) of the new Act applies to the change to the constitution as if:

(a) the period within which the materials referred to in that subsection must be lodged with the CATSI Registrar were the period of 28 days after commencement; and

(b) the materials that must be lodged with the CATSI Registrar under that subsection did not include the materials referred to in paragraphs 69-20(1)(a) and (b) of the new Act but included instead a copy of any document or documents showing that the constitutional change was effected in accordance with the transitional corporation's constitution; and

(c) the period within which the materials referred to in subsection 69-20(2) of the new Act must be lodged with the CATSI Registrar were the period of 28 days after the later of:

(i) the requirement referred to in that subsection has been met; or

(ii) commencement; and

(d) the statement required by subsection 69-20(5) of the new Act were a statement to the effect that the constitutional change was effected in accordance with the transitional corporation's constitution.

Note: The materials required by paragraph (b) may be, for example, a copy of a resolution put to a meeting and the notice and minutes of that meeting.