Commonwealth Numbered Acts

COMPANIES ACT 1981 No. 89 of 1981 - SECT 164

Division 6-Prescribed Interests

164. (1) In this Division, unless the contrary intention appears-

''company'' means a public company and includes-

   (a)  a corporation that is a public company under the corresponding law of
        a participating State or of a participating Territory; and

   (b)  a corporation that is a public company under the law of a declared
        State or a declared Territory and is registered as a foreign company
        in the Australian Capital Territory or in a participating State or a
        participating Territory;

''declared State'' means a State that is declared by the Commission, by order
in writing published in the Gazette, to be a declared State for the purposes
of this Division;

''declared Territory'' means a Territory that is declared by the Commission,
by order in writing published in the Gazette, to be a declared Territory for
the purposes of this Division;

''financial year'', in relation to a deed, means the period of 12 months
ending on 30 June or on such other date as is specified in the deed in lieu of
30 June;

''management company'', in relation to any prescribed interests issued or
proposed to be issued or any deed that relates to any prescribed interests
issued or proposed to be issued, means a company by or on behalf of which the
prescribed interests have been or are proposed to be issued, and includes any
person for the time being exercising the functions of the management company.

(2) A reference in this Division to a deed shall be read as including a
reference to any instrument amending or affecting the deed.

(3) Any deed approved under a corresponding previous law of the Territory
shall, if it does not contain the covenants concerned, be deemed to contain
covenants to the effect of the covenants required to be contained in a deed
under sub-section 168 (1) except the covenants required under sub-paragraphs
168 (1) (b) (i), (ii) and (iii), and sub-sections 168 (3), (4), (5) and (6)
apply in relation to the deed accordingly.