Corporations (Aboriginal and Torres Strait Islander) Act 2006
CHAPTER 11
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EXTERNAL ADMINISTRATION
PART 11-2
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SPECIAL ADMINISTRATION
Division 499
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Function, duties and powers of special administrator
SECTION 499-10
APPLYING CORPORATIONS ACT PROVISIONS TO ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATION THAT IS UNDER SPECIAL ADMINISTRATION
499-10(1)
The following provisions of the Corporations Act apply to an Aboriginal and Torres Strait Islander corporation that is under special administration: (a) Division 6 of Part 5.3A (other than section 440A ); (b) Division 7 of Part 5.3A ; (c) Division 8 (other than section 442A ) of Part 5.3A ; (d) Division 9 of Part 5.3A ; (e) the other provisions of that Act (including Parts 1.2 and 9.4 and Schedule 3 but not including Parts 1.1 , 1.1A and 9.4A ) to the extent to which they relate to the operation of the provisions referred to in paragraphs (a) to (d) ; (f) the regulations made under that Act for the purposes of the provisions of that Act referred to in paragraphs (a) to (e) .
499-10(2)
Those provisions apply to an Aboriginal and Torres Strait Islander corporation that is under special administration as if the following substitutions were made:
499-10(3)
The provisions of the Corporations Act mentioned in subsection (1) apply to an Aboriginal and Torres Strait Islander corporation that is under special administration: (a) only to the extent to which they are capable of applying to an Aboriginal and Torres Strait Islander corporation; and (b) with the modifications specified in the regulations.
499-10(4)
Regulations made for the purposes of paragraph (3)(b) must not: (a) increase, or have the effect of increasing, the maximum penalty for any offence; or (b) widen, or have the effect of widening, the scope of any offence.
The following provisions of the Corporations Act apply to an Aboriginal and Torres Strait Islander corporation that is under special administration: (a) Division 6 of Part 5.3A (other than section 440A ); (b) Division 7 of Part 5.3A ; (c) Division 8 (other than section 442A ) of Part 5.3A ; (d) Division 9 of Part 5.3A ; (e) the other provisions of that Act (including Parts 1.2 and 9.4 and Schedule 3 but not including Parts 1.1 , 1.1A and 9.4A ) to the extent to which they relate to the operation of the provisions referred to in paragraphs (a) to (d) ; (f) the regulations made under that Act for the purposes of the provisions of that Act referred to in paragraphs (a) to (e) .
499-10(2)
Those provisions apply to an Aboriginal and Torres Strait Islander corporation that is under special administration as if the following substitutions were made:
| Substitutions to be made | ||
| Item | For a reference to … | substitute a reference to … |
| 1 | a company | an Aboriginal and Torres Strait Islander corporation |
| 2 | administrator | special administrator |
| 3 | administration | special administration |
499-10(3)
The provisions of the Corporations Act mentioned in subsection (1) apply to an Aboriginal and Torres Strait Islander corporation that is under special administration: (a) only to the extent to which they are capable of applying to an Aboriginal and Torres Strait Islander corporation; and (b) with the modifications specified in the regulations.
499-10(4)
Regulations made for the purposes of paragraph (3)(b) must not: (a) increase, or have the effect of increasing, the maximum penalty for any offence; or (b) widen, or have the effect of widening, the scope of any offence.