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

99   Special resolution to wind up transitional corporation

(1) This item applies if, before commencement:

(a) a transitional corporation had resolved by special resolution that the transitional corporation be wound up voluntarily; and

(b) the winding up of the transitional corporation had not commenced.

(2) For the purposes of section 526-20 of the new Act, the members of the transitional corporation in general meeting are taken to have resolved by special resolution that the transitional corporation be wound up voluntarily.

(3) Subsection 526-20(5) of the new Act does not apply to the resolution.

Note: Subsections 526-20(2) to (4) of the new Act cannot apply to the resolution because the transitional corporation could not have been under special administration before commencement and the CATSI Registrar could not have given the transitional corporation a notice under subsection 487-10(1) of the new Act before commencement.

(4) If the public officer of the transitional corporation had, before commencement, lodged with the ACA Registrar a notice under subsection 64(2) of the old Act on a particular day, the transitional corporation is taken, for the purposes of subsection 526-20(8) of the new Act, to have lodged the notice under subsection 526-20(6) of the new Act with the CATSI Registrar on that day.

(5) If the ACA Registrar had, before commencement, published in the Gazette, on a particular day, a notice of the passing of the resolution to which the notice relates under subsection 64(3) of the old Act, the CATSI Registrar is taken to have published in the Gazette, on that day, a notice of the passing of the resolution to which the notice relates under subsection 526-20(8) of the new Act.