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 6   Administrations

89   Appointment of Administrator

(1) This item applies if, before commencement:

(a) the ACA Registrar had appointed a person as an Administrator for a transitional corporation under subsection 71(2) of the old Act; and

(b) that appointment had not ended.

(2) The CATSI Registrar is taken to have determined under subsection 487-1(1) of the new Act that the transitional corporation is to be under special administration for the period that:

(a) starts on commencement; and

(b) ends on 30 June 2008.

(3) The CATSI Registrar is taken to have appointed the person under subsection 490-1(1) of the new Act as a special administrator for the transitional corporation for the period that:

(a) starts on commencement; and

(b) ends on 30 June 2008.

This item has effect despite the period specified in the appointment. The CATSI Registrar may extend the appointment under subsection 490-5(2) of the new Act.

(4) Without limiting subitems (2) and (3), any proceedings that had been commenced before commencement and to which the person was a party immediately before commencement in his or her capacity as an Administrator appointed for the transitional corporation under the old Act may be continued after commencement as if the person were a party to those proceedings in his or her capacity as a special administrator appointed for the transitional corporation under the new Act.

(5) If notice of the appointment of the Administrator and the period of the appointment had been published under section 72 of the old Act before commencement:

(a) section 493-1 of the new Act does not apply in relation to the following:

(i) the determination that the CATSI Registrar is taken to have made under subitem (2);

(ii) the appointment that the CATSI Registrar is taken to have made under subitem (3); and

(b) subsection 496-15(3) of the new Act does not apply in relation to the special administration of the transitional corporation.

(6) To avoid doubt, section 496-5 of the new Act does not apply in relation to the determination that the CATSI Registrar is taken to have made under subitem (2).

Note: Under section 73 of the old Act, all the offices of the members of the Governing Committee of the transitional corporation will have become vacant when the Administrator was appointed under section 71 of that Act.

(7) Item 38 of the table in section 617-1 of the new Act does not apply to the determination that the CATSI Registrar is taken to have made under subitem (2).

Note: This means that AAT review is not available in relation to this determination. Under the old Act, the original appointment of the Administrator under that Act was not subject to AAT review.