Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 (69 of 2020)

Schedule 1   Amendments relating to the Registrar

Part 2   Other amendments

Corporations Act 2001

903   Subsections 601CL(8) to (10)

Repeal the subsections, substitute:

(8) If the Registrar is satisfied that a foreign company's registration was cancelled as a result of an error on the Registrar's part, the Registrar may reinstate the foreign company's registration. On reinstatement, the foreign company is taken never to have ceased to be registered under this Division.

(9) A person who is aggrieved by the cancellation of a foreign company's registration may, within 15 years after the cancellation, apply to the Court for the registration to be reinstated.

(10) If, on an application under subsection (9), the Court is satisfied that:

(a) at the time of the cancellation, the foreign company was carrying on business interstate; or

(b) it is otherwise just for the foreign company's registration to be reinstated;

the Court may, by order:

(c) direct the foreign company's registration to be reinstated; and

(d) give such directions, and make such provisions, as it thinks just for placing the foreign company and all other persons in the same position, as nearly as practicable, as if the foreign company's registration had never been cancelled.