Commonwealth Numbered Acts

CORPORATE LAW REFORM ACT 1992 No. 210 of 1992 - SCHEDULE 2

                             SCHEDULE 2            Section 125

AMENDMENTS OF ACTS CONSEQUENT ON PART 4 OF THIS ACT Australian Meat and
Live-stock Corporation Act 1977 Subparagraphs 16F(c)(i), (ii) and (iii):
Add at the end "or". Subparagraph 16F(c)(v):
Omit the subparagraph, substitute:

"(v) an administrator of the holder of the licence is appointed under section
436A, 436B or 436C of the Corporations Law; or

        (vi)   the holder of the licence executes a deed of company
               arrangement under Part 5.3A of that Law;". Bankruptcy Act 1966
               Subsection 5(1) (definition of "company officer"):
After paragraph (b) insert:

"(ba) an administrator, within the meaning of the Corporations Law, of the
corporation;

   (bb) an administrator of a deed of company arrangement executed by the
        corporation under Part 5.3A of that Law;". After subparagraph
        5G(c)(i):
Insert:

"(ia) the company is under administration within the meaning of the
Corporations Law;

   (ib) a deed of company arrangement that the company executed under Part
        5.3A of that Law has not yet terminated;". Paragraph 5G(c):
After "receiver and manager," insert "of an administrator (within the meaning
of that Law) of the company, of an administrator of such a deed,".
Child Support (Registration and Collection) Act 1988 Subsection 4(1)
(paragraphs (a), (b), (c) and (d) of the definition of "trustee"):
Add at the end "or". Subsection 4(1) (definition of "trustee"):
After paragraph (e) insert:

"(ea) an administrator, within the meaning of the Corporations Law, of a
company; or

   (eb) an administrator of a deed of company arrangement executed by a
        company under Part 5.3A of that Law; or". Customs Act 1901 After
        paragraph 81(3)(c):
Insert:

"(ca) whether the company is under administration within the meaning of the
Corporations Law;

   (cb) whether the company has executed under Part 5.3A of that Law a deed of
        company arrangement that has not yet terminated;". Paragraph
        82(1)(ba):
Omit the paragraph, substitute:

"(ba) in the case of a licence held by a company - any of the following events
occurs:

        (i)    the company is convicted of an offence of a kind referred to in
               paragraph 81(3)(a) or (b);

        (ii)   a receiver of the property, or part of the property, of the
               company is appointed;

        (iii)  an administrator of the company is appointed under section436A,
               436B or 436C of the Corporations Law;

        (iv)   the company executes a deed of company arrangement under Part
               5.3A of that Law;

        (v)    the company begins to be wound up;". After paragraph
               183CC(4A)(c):
Insert:

"(ca) whether the company is under administration within the meaning of the
Corporations Law;

   (cb) whether the company has executed under Part 5.3A of that Law a deed of
        company arrangement that has not yet terminated;". Paragraph
        183CG(1)(c):
Omit the paragraph, substitute:

"(c) in the case of a licence held by a company:

        (i)    a receiver of the property, or part of the property, of the
               company is appointed; or

        (ii)   an administrator of the company is appointed under section
               436A, 436B or 436C of the Corporations Law; or

        (iii)  the company executes a deed of company arrangement under Part
               5.3A of that Law; or

        (iv)   the company begins to be wound up;".
               Fringe Benefits Tax Assessment Act 1986 Subsection 136(1)
               (paragraphs (a), (b), (c) and (d) of the definition of
               "trustee"):
Add at the end "or". Subsection 136(1) (definition of "trustee"):
After paragraph (e) insert:

"(ea) an administrator, within the meaning of the Corporations Law, of a
company; or

   (eb) an administrator of a deed of company arrangement executed by a
        company under Part 5.3A of that Law; or". Insurance Act 1973
        Subsection 50(1) (definition of "prescribed person"):
Omit everything after paragraph (d), substitute:

"but does not include:

   (e)  a receiver, or a receiver and manager, of property of the body; or

   (f)  an administrator, within the meaning of the Corporations Law, of the
        body; or

   (g)  an administrator of a deed of company arrangement executed by the body
        under Part 5.3A of that Law; or

   (h)  an official manager or deputy official manager of the body; or

        (i)    a liquidator or provisional liquidator of the body.".
               Insurance (Agents and Brokers) Act 1984 Section 9 (definition
               of "insolvent company under administration"):
Omit the definition, substitute:

" 'insolvent company under administration' means a company:

   (a)  that has entered into a compromise or arrangement with its creditors,
        or a class of them, the administration of which has not ended; or

   (b)  in respect of property of which a receiver, or a receiver and manager,
        has been appointed (whether or not by a court) and is acting; or

   (c)  that is under administration within the meaning of the Corporations
        Law; or

   (d)  that has executed under Part 5.3A of that Law a deed of company
        arrangement that has not yet terminated; or

   (e)  that is under official management; or

   (f)  that is being wound up; or

   (g)  in respect of which a provisional liquidator has been appointed and
        not since removed;". Overseas Students (Refunds) Act 1990 After
        subparagraph 5(4)(a)(ii):
Insert:

"(iii) an administrator, within the meaning of the Corporations Law, of the
institution; and

        (iv)   an administrator of a deed of company arrangement executed by
               the institution under Part 5.3A of that Law; and". After
               sub-subparagraph 5(4)(b)(ii)(B):
Insert:

"; or (C) an administrator, within the meaning of the Corporations Law, of
that person; or

"; or (D) an administrator of a deed of company arrangement executed by that
person under Part 5.3A of that Law.".
Petroleum Resource Rent Tax Assessment Act 1987 Section 2 (paragraphs (a),
(b), (c) and (d) of the definition of "trustee"):
Add at the end "or". Section 2 (definition of "trustee"):
After paragraph (e) insert:

"(ea) an administrator, within the meaning of the Corporations Law, of a
company; or

   (eb) an administrator of a deed of company arrangement executed by a
        company under Part 5.3A of that Law; or".
        Sales Tax Assessment Act 1992 Section 5 (definition of "trustee"):
After paragraph (e) insert:

"(ea) an administrator, within the meaning of the Corporations Law, of a
company;

   (eb) an administrator of a deed of company arrangement executed by a
        company under Part 5.3A of that Law; or".
        Taxation Administration Act 1953 After paragraph 8Y(4)(b):
Insert:

"(ba) an administrator, within the meaning of the Corporations Law, of the
corporation;

   (bb) an administrator of a deed of company arrangement executed by the
        corporation under Part 5.3A of that Law;".
        Training Guarantee (Administration) Act 1990 Section 4 (definition of
        "trustee"):
After paragraph (e) insert:

"(ea) an administrator, within the meaning of the Corporations Law, of a
company; and

   (eb) an administrator of a deed of company arrangement executed by a
        company under Part 5.3A of that Law; and".
NOTES ABOUT SECTION HEADINGS 1. On the commencement of section 37 of this Act,
the heading to section 419 of the Corporations Law set out in section 82 of
the Corporations Act 1989 is altered by omitting "receiver" and substituting
"controller". 2. On the commencement of section 123 of this Act, the heading
to section 266 of the Corporations Law set out in section 82 of the
Corporations Act 1989 is altered by omitting "official manager" and
substituting "administrator". 3. On the commencement of section 169 of this
Act, the heading to section 1112 of the Corporations Law set out in section 82
of the Corporations Act 1989 is omitted and the following heading is
substituted:

"Offences: stamping of broker's stamp on sufficient transfer".