Co-operatives National Law (Queensland)
sec.382Application of Corporations Act —administration of co-operative
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sec.382 Application of Corporations Act —administration of co-operative
A co-operative is declared to be an applied Corporations legislation matter for the purposes of the Corporations application legislation of this jurisdiction in relation to Part 5.3A and Division 3 of Part 5.9 of the Corporations Act , subject to the following modifications— a reference in the provisions to sections 128 and 129 of the Corporations Act is to be read as a reference to Division 3 of Part 2.2 of this Law; a reference in section 436D of the Corporations Act to “ section 436A , 436B or 436C ” is to be read as including a reference to section 385 of this Law; a reference in section 436E (4) (a) or 448B of the Corporations Act to an administrator is to be read as not including a reference to an administrator appointed under section 385 of this Law; a reference in section 440D (2) (b) of the Corporations Act to prescribed proceedings is to be read as a reference to proceedings prescribed by the local regulations; section 444GA of the Corporations Act is taken to include a provision to the effect that the section has effect subject to Divisions 7 and 8 of Part 2.4 of this Law; section 446B of the Corporations Act is taken to be omitted; the reference in section 600H (2) of the Corporations Act to “a compromise or arrangement under part 5.1 ” is to be read as a reference to a compromise or arrangement under Part 4.4 of this Law; the modifications referred to in section 13 (3) of this Law so far as they are relevant. See section 13 , including Note 1 to that section.
- (a) a reference in the provisions to sections 128 and 129 of the Corporations Act is to be read as a reference to Division 3 of Part 2.2 of this Law;
- (b) a reference in section 436D of the Corporations Act to “ section 436A , 436B or 436C ” is to be read as including a reference to section 385 of this Law;
- (c) a reference in section 436E (4) (a) or 448B of the Corporations Act to an administrator is to be read as not including a reference to an administrator appointed under section 385 of this Law;
- (d) a reference in section 440D (2) (b) of the Corporations Act to prescribed proceedings is to be read as a reference to proceedings prescribed by the local regulations;
- (e) section 444GA of the Corporations Act is taken to include a provision to the effect that the section has effect subject to Divisions 7 and 8 of Part 2.4 of this Law;
- (f) section 446B of the Corporations Act is taken to be omitted;
- (g) the reference in section 600H (2) of the Corporations Act to “a compromise or arrangement under part 5.1 ” is to be read as a reference to a compromise or arrangement under Part 4.4 of this Law;
- (h) the modifications referred to in section 13 (3) of this Law so far as they are relevant.