CORPORATIONS ACT 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.12 - REGULATIONS  

SECTION 1364   POWER TO MAKE REGULATIONS  

1364(1)  
The Governor-General may make regulations prescribing matters:


(a) required or permitted by this Act to be prescribed by regulations; or


(b) necessary or convenient to be prescribed by such regulations for carrying out or giving effect to this Act.

1364(2)  
Without limiting subsection (1), the regulations may make provision:


(c) for or in relation to the keeping of registers by ASIC, the lodging of documents with ASIC, the registration of documents by ASIC, the time and manner of lodging or registration, and the requirements with which documents lodged or to be lodged are to comply; and


(d) prescribing forms for the purposes of this Act and the method of verifying any information required by or in those forms; and


(e) prescribing the manner in which, the persons by whom, and the directions or requirements in accordance with which, the forms prescribed for the purposes of this Act, or any of them, are required or permitted to be signed, prepared, or completed, and generally regulating the signing, preparation and completion of those forms, or any of them; and


(f) for or in relation to the convening of, conduct of, and procedure and voting at, meetings of creditors, meetings of eligible employee creditors, meetings of contributories and meetings of holders of debentures, and joint meetings of creditors and members of companies, the number of persons required to constitute a quorum at any such meeting, the sending of notices of meetings to persons entitled to attend at meetings, the lodging of copies of notices of, and of resolutions passed at, meetings, and generally regulating the conduct of, and procedure at, any such meeting; and


(g) prescribing the persons by whom, and the circumstances and manner in which, proxies may be appointed and generally regulating the appointment and powers of proxies; and


(h) for or in relation to the proving of debts in the winding up of a company, the manner of proving debts and the time within which debts are required or permitted to be proved and generally regulating the proving of debts; and


(j) prescribing the manner in which a liquidator appointed by the Court may:


(i) exercise powers and perform functions under subsection 478(1) ; and

(ii) exercise any powers conferred, and perform any duties imposed, on the liquidator by regulations made for the purposes of subsection 488(1) ; and


(k) prescribing the manner in which a liquidator in a voluntary winding up may exercise powers and perform functions under section 506 ; and


(m) prescribing times for the lodging of any documents; and


(n) prescribing penalties for late payment of a review fee imposed by the Corporations (Review Fees) Act 2003 ; and


(o) prescribing that, in relation to the payment of a fee imposed by the Corporations (Fees) Act 2001 or the Corporations (Review Fees) Act 2003 , in the event that the fee is paid by electronic means, a refund of an amount or proportion of the fee is payable; and


(p) (Repealed)


(q) (Repealed)


(r) (Repealed)


(s) for or in relation to the giving to ASIC of information in addition to, or in variation of, the information contained in a prescribed form lodged with it; and


(t) for or in relation to the times within which information required to be given to ASIC under this Act must be so given; and


(u) for or in relation to the manner in which:


(i) orders made under this Act may be served on persons affected by the orders; and

(ii) documents that are required or permitted by this Act to be served on a person may be so served; and


(w) prescribing penalties not exceeding 50 penalty units for an individual or 500 penalty units for a body corporate for contraventions of the regulations.

Note: See also sections 1311B and 1311C in relation to the penalty applicable to an offence.


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