Co-operative Housing and Starr-Bowkett Societies Act 1998
177Application of Corporations Act to winding-up of societies
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177 Application of Corporations Act to winding-up of societies
177 Application of Corporations Act to winding-up of societies
(1) Subject to this Division, a society matter is declared to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to the Commonwealth winding-up and deregistration provisions, subject to the following modifications to those provisions—
(a) a reference to a special resolution is to be read as a reference to a special resolution under this Act,
(b) a reference to ASIC is to be read as a reference to the Registrar,
(c) a reference to a voluntary winding-up includes a reference to a winding-up of a society on a certificate of the Registrar,
(c1) a reference to the Court or the Court (within the meaning of section 58AA) in Division 2A of Part 5.7B is to be read as a reference to the Supreme Court,
(c2) section 588FK is to be read as if the definition of PPSA security interest in section 588FK (4) read as follows and the note to the section were omitted—
PPSA security interest (short for Personal Property Securities Act security interest) means a security interest to which the Personal Property Securities Act 2009 of the Commonwealth applies (including a transitional security interest within the meaning of that Act).
(c3) section 588FL (1) (a) is to be read as if the following subparagraph were inserted after subparagraph (i)—
“(ia) a certificate is issued by the Registrar under section 176 of the Co-operative Housing and Starr-Bowkett Societies Act 1998 for the winding up of a society;”,
(c4) the definition of critical time in section 588FL (7) is to be read as if the words “(as applied and modified by section 177 of the Co-operative Housing and Starr-Bowkett Societies Act 1998)” were inserted after “513B” in paragraph (a) of that definition,
(d) such other modifications (within the meaning of Part 3 of the Corporations (Ancillary Provisions) Act 2001) as may be prescribed by the regulations.