Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012
111QPresumptions to be made in recovery proceedings
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111Q Presumptions to be made in recovery proceedings
(1) Paragraph 588E(4)(a) and subsection 588E(5) apply to the body corporate as if the references in those provisions to subsection 286(1) were references to subsections 55‑5(1) to (3) of the Australian Charities and Not‑for‑profits Commission Act 2012.
(2) Paragraph 588E(4)(b) and subsection 588E(6) apply to the body corporate as if the references in those provisions to subsection 286(2) were references to subsections 55‑5(4) and (5) of the Australian Charities and Not‑for‑profits Commission Act 2012.
Division 2—Amendments commencing on 1 July 2013
25 Subsection 111L(1) (after table item 4)
| 5 | (a) sections 180 to 183; and<br>(b) section 185, to the extent that it relates to sections 180 to 183 | Duties of directors etc. |
26 Subsection 111L(1) (after table item 6)
| 7 | sections 191 to 194 | Interests of directors |
27 Subsection 111L(1) (after table item 8)
| 9 | (a) Part 2G.2 (other than sections 250PAA and 250PAB); and<br>(b) Part 2G.3, to the extent that it relates to meetings of the body corporate’s members | Meetings of members | | 10 | (a) Parts 2M.1 and 2M.2; and<br>(b) Part 2M.3 | Financial reports and audit |
28 Subsection 111L(1) (after table item 11)
| 12 | sections 601CDA, 601CK and 601CTA | Foreign companies |
29 Application of items 10 and 12 of the table in subsection 111L(1) of the Corporations Act 2001
The following provisions of the Corporations Act 2001 apply to a financial year for a body corporate that starts on or after 1 July 2013:
(a) item 10 of the table in subsection 111L(1);
(b) item 12 of that table, to the extent it relates to section 601CK.
Note: For financial years, see section 323D of the Corporations Act 2001.
30 After subsection 111L(2)
Reporting by debenture issuers
(3) Item 10 of the table in subsection (1) does not apply in relation to a financial year if the body corporate was a borrower in relation to debentures at the end of the year.
31 After section 111N