Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 174

174. (1) In this section:

"entrenchable provision", in relation to the memorandum of a body corporate,
means a provision of the memorandum that could lawfully have been contained in
the body's articles;

"translation day", in relation to a company of a State or Territory, means:

   (a)  except in the case of a company of the Northern Territory or an
        external Territory-1 January 1984;

   (b)  in the case of a company of the Northern Territory-1 January 1984 or,
        if another day is prescribed, that other day; or

   (c)  in the case of a company of an external Territory-the day prescribed
        in relation to that Territory.

(2) Where:

   (a)  a company of a State or Territory is registered as a company under
        Division 2 of Part 2.2; and

   (b)  throughout the period beginning immediately before the company's
        translation day and ending immediately before its registration day,
        the company's memorandum:

        (i)    prohibited the alteration of an entrenchable provision; or

        (ii)   provided as mentioned in a law corresponding to subsection 172
               (3) in respect of a special resolution altering or adding to an
               entrenchable provision; then, so long as it continues so to
               prohibit, or so to provide, the company's memorandum shall be
               deemed:

   (c)  also to prohibit the omission of the entrenchable provision; or

   (d)  also to provide to the same effect in respect of a special resolution
        omitting the entrenchable provision; as the case may be.

(3) Subsection (2) has effect in relation to a memorandum except so far as the
memorandum expressly provides to the contrary.