Application of Corporations Act to administration of co‑operative
323 Application of Corporations Act to administration of co‑operative
A co‑operative is declared to be an applied Corporations legislation matter for the purposes of the Corporations (Ancillary Provisions) Act 2001 Part 3 in relation to the provisions of the Corporations Act Part 5.3A and Part 5.9 Division 3, subject to the following modifications —
[(a) deleted]
a reference in the provisions to the Corporations Act sections 128 and 129 is to be read as a reference to sections 41 to 43, and section 45 of this Act;
a reference in section 436D to “section 436A, 436B or 436C” is to be read as including a reference to section 324 of this Act;
a reference in section 436E(4)(a) or 448B to an administrator is to be read as not including a reference to an administrator appointed under section 324 of this Act;
a reference in section 440D(2)(b) to prescribed proceedings is to be read as a reference to proceedings prescribed by regulations under this Act;
section 444GA is taken to include a provision to the effect that the section has effect subject to Part 7 Division 5 of this Act;
section 446B is taken to be deleted;
the reference in section 600H(2) to a compromise or arrangement under Part 5.1 is to be read as a reference to a compromise or arrangement under Part 13 of this Act;
any other modifications, within the meaning of the Corporations (Ancillary Provisions) Act 2001 Part 3, that are prescribed by the regulations.
[Section 323 amended: No. 7 of 2016 s. 113.]
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