Commonwealth Numbered Acts

COMPANIES ACT 1981 No. 89 of 1981 - SECT 577

577. (1) The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters required or permitted by this Act to be
prescribed by regulations, or necessary or convenient to be prescribed by
regulations for carrying out or giving effect to this Act, and, in particular,
may make regulations-

   (a)  for or in relation to the keeping of registers by the Commission, the
        lodging of documents with the Commission, the registration of
        documents by the Commission, the time and manner of lodging or
        registration, and the requirements with which documents lodged or to
        be lodged with the Commission are to comply;

   (b)  prescribing forms for the purposes of this Act and the method of
        verifying any information required by or in those forms;

   (c)  prescribing the manner in which, the persons by whom, and the
        directions or requirements in accordance with which, the forms
        prescribed for the purposes of this Act, or any of them, are required
        or permitted to be signed, prepared, or completed, and generally
        regulating the signing, preparation, and completion of those forms, or
        any of them;

   (d)  for or in relation to the convening of, conduct of, and procedure and
        voting at, meetings of creditors, meetings of contributories and
        meetings of holders of debentures, and joint meetings of creditors and
        members of companies, the number of persons required to constitute a
        quorum at any such meeting, the sending of notices of meetings to
        persons entitled to attend at meetings, the lodging with the
        Commission of copies of notices of, and of resolutions passed at,
        meetings, and generally regulating the conduct of, and procedure at,
        any such meeting;

   (e)  prescribing the persons by whom, and the circumstances and manner in
        which, proxies may be appointed and generally regulating the
        appointment and powers of proxies;

   (f)  for or in relation to the proving of debts in the winding up of a
        company, the manner of proving debts and the time within which debts
        are required or permitted to be proved and generally regulating the
        proving of debts;

   (g)  prescribing the manner in which the liquidator may exercise his powers
        under paragraphs 378 (1) (a) and (b) and the principles to be observed
        by a liquidator in exercising those powers;

   (h)  prescribing times for the lodging of any documents with the
        Commission; and

   (j)  prescribing penalties not exceeding $500 for any breach of the
        regulations.

(2) The power of the Governor-General to make regulations shall be exercised
only in accordance with advice that is consistent with resolutions of the
Ministerial Council.

(3) The regulations may-

   (a)  where documents required by or under this Act to be lodged in
        accordance with this Act are required to be verified or certified and
        no manner of verification or certification is prescribed by or under
        this Act, require that the documents or any of them be verified or
        certified by statement in writing made by such persons as are
        prescribed by the regulations; and

   (b)  where no express provision is made in this Act for verification or
        certification of documents, require that the documents be verified or
        certified by statement in writing by such persons as are prescribed by
        the regulations.

(4) A person shall not, in respect of a document, be proceeded against for an
offence in consequence of a regulation made pursuant to sub-section (3) as
well as for an offence against sub-section 563 (2).

(5) The regulations may provide, in such cases as are prescribed by the
regulations, that, if a document that is required by or under this Act to be
lodged with the Commission is signed or so lodged on behalf of a person by his
agent duly authorized in writing, there shall be-

   (a)  lodged with;

   (b)  endorsed on; or

   (c)  annexed to, that document, the original, or a verified copy, of the
        authority.