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 8   Windings up

98   Petition to Court

(1) This item applies if, before commencement:

(a) a person (the petitioner ) had made a petition to the Court under subsection 63(1) of the old Act for an order that a transitional corporation be wound up; and

(b) the petition had not been withdrawn; and

(c) the Court had not decided whether to make an order that the transitional corporation be wound up; and

(d) the petition satisfied subsections 63(2), (3), (4) and (6) of the old Act.

(2) For the purposes of the new Act:

(a) the petition is taken to be an application made to the Court under subsection 526-15(1) of the new Act; and

(b) the grounds set out in the petition are taken to be the grounds set out in the application referred to in paragraph (a); and

(c) if the petitioner was the ACA Registrar - the application referred to in paragraph (a) is taken to have been made by the CATSI Registrar; and

(d) if the petitioner was a person in his or her capacity as an Administrator appointed for the transitional corporation under section 71 of the old Act - the application referred to in paragraph (a) is taken to have been made by the person in his or her capacity as a special administrator appointed for the transitional corporation under section 490-1 of the new Act; and

(e) subsections 526-15(2), (3), (4) and (6) of the new Act do not apply in relation to the application referred to in paragraph (a); and

(f) any proceedings before the Court in relation to the petition that had taken place under the old Act before commencement are taken to have been proceedings under the new Act before the Court in relation to the application referred to in paragraph (a); and

(g) the person who is taken to have made the application referred to in paragraph (a) may apply to the Court to amend the application to include additional grounds referred to in section 526-5 of the new Act and the Court may make a direction amending the application to include those grounds.

Note: In applying paragraph (g), any references in section 526-5 of the new Act to officers of the transitional corporation will pick up, for example, references to members of the Governing Committee of the transitional corporation in relation to circumstances existing before commencement (see item 6 and paragraph (2)(a) of item 1).

(3) Paragraph (2)(g) does not limit the Court's powers to give a direction in relation to the proceedings on the application.