THE CORPORATIONS LAW

CHAPTER 9 - MISCELLANEOUS

PART 9.1 - REGISTERS AND REGISTRATION OF DOCUMENTS

SECTION 1275   RELODGING OF LOST REGISTERED DOCUMENTS  

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1275(1)  [Application to Commission]  

Where a document forming part of the constitution of, or any other document relating to, a body corporate has, since being lodged, been lost or destroyed, a person may apply to the Commission for leave to lodge a copy of the document as originally lodged.

1275(2)  [Notice of application]  

Where such an application is made, the Commission may direct that notice of the application be given to such persons and in such manner as it thinks fit.

1275(3)  [Certification of copy for lodgment]  

Whether or not an application has been made to the Commission under subsection (1), the Commission, upon being satisfied:

(a)  that an original document has been lost or destroyed;

(b)  of the date of the lodging of that document; and

(c)  that a copy of that document produced to the Commission is a correct copy;

may certify upon the copy that it is so satisfied and grant leave for the copy to be lodged in the manner required by law in respect of the original.

1275(4)  [Force and effect of copy]  

Upon the lodgment the copy has, and shall be deemed to have had from such date as is mentioned in the certificate as the date of the lodging of the original, the same force and effect for all purposes as the original.

1275(5)  [Lodgment and effect of decision]  

A decision of the Tribunal varying or setting aside a decision of the Commission to certify and grant leave under subsection (3) may be lodged with the Commission and shall be registered by it, but no payments, contracts, dealings, acts or things made, had or done in good faith before the registration of the Tribunal's decision and upon the faith of and in reliance upon the certificate shall be invalidated or affected by the Tribunal's decision.

1275(6)  [Loss or destruction of transparency]  

Where a transparency of a document referred to in subsection (1) has been incorporated with a register kept by the Commission and is lost or destroyed as referred to in that subsection, this section applies as if the document of which it is a transparency had been so lost or destroyed.

 

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