Tasmanian Numbered Regulations

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COOPERATIVES REGULATIONS 2000 (S.R. 2000, NO. 36) - REG 27

Application of Corporations Law to winding-up
For the purposes of section 319(3) of the Act, the following modifications are prescribed:
(a) section 461(1)(h) of the Corporations Law applies as if for "the Commission has stated in a report prepared under Division 1 of Part 3 of the ASC Law that, in its opinion:" there were substituted "the Commissioner has, as a result of an inquiry held under Divisions 2 and 4 of Part 15 of the Act, stated that –" ;
(b) section 464(1) of the Corporations Law applies as if –
(i) for "Where the Commission is investigating, or has investigated, under Division 1 of Part 3 of the ASC Law:" there were substituted "Where the Commissioner is holding or has held an inquiry under Divisions 2 and 4 of Part 15 of the Act in relation to –" ; and
(ii) for "the Commission may apply" there were substituted "the Commissioner may apply" ;
(c) section 532 of the Corporations Law applies as if –
(i) paragraph (b) of subsection (1) were struck out; and
(ii) subsection (4) were struck out;
(d) section 542 of the Corporations Law applies as if after subsection (3)(c) there were inserted –
 

"and

(d)

in the case of a winding up on a certificate of the Commissioner under section 316 of the Cooperatives Act 1999 — with the consent of the Commissioner.".



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