New South Wales Consolidated Acts

CANCER INSTITUTE (NSW) ACT 2003 - SCHEDULE 2

SCHEDULE 2 – Registration of New South Wales Cancer Council as a company

(Section 26)

1 Definitions

(1) In this Schedule:

"Cancer Council" means the New South Wales Cancer Council constituted by the New South Wales Cancer Council Act 1995 .

"Cancer Council company" means the Cancer Council after it is taken to be registered as a company limited by guarantee under the Corporations Act by operation of section 5H (4) of that Act.

"Corporations Act" means the Corporations Act 2001 of the Commonwealth.

"registration date" means the registration day specified by the Minister for Health in an order made under clause 3.

(2) Words and expressions used in this Schedule have the same meanings as in section 9 of the Corporations Act, except in so far as they are defined differently in this Schedule or the context or subject-matter otherwise indicates or requires.

2 Cancer Council is deemed registration company under Corporations Act

(1) The Cancer Council is a deemed registration company for the purposes of section 5H of the Corporations Act.

(2) For the purposes of that section:

(a) the day on which the Cancer Council is taken to be registered as a company is the registration date specified by the Minister for Health in an order made under clause 3, and

(b) the type of company that the Cancer Council is to be registered as is a company limited by guarantee, and

(c) the company's proposed name is "The Cancer Council NSW".

Section 5H of the Corporations Act provides that a body is taken to be registered under that Act as a company of a particular type under section 118 of that Act if a law of a State or Territory to which the Act applies:

(a) provides that the body is a deemed registration company for the purposes of the section, and

(b) specifies:

(i) the day on which the body is to be taken to be registered (the registration day) or the manner in which that day is to be fixed, and

(ii) the type of company the body is to be registered as under the Act, and

(iii) the company's proposed name (unless the ACN is to be used in its name),

and if section 5H (2) and (3) (relating to the lodgment of certain notices and documents with ASIC) are satisfied.

3 Order specifying registration date

(1) The Minister for Health may, by order published in the Gazette, specify a day on which the Cancer Council is taken to be registered as a company limited by guarantee for the purposes of section 5H of the Corporations Act.

Day specified under this subclause: 30.9.2005. See Gazette No 119 of 28.9.2005, p 7597.

(2) The Minister for Health may make an order under this clause only if the Minister for Health is satisfied that the Cancer Council has complied with section 5H (2) and (3) of the Corporations Act.

(3) The Minister for Health is to provide the Australian Securities and Investments Commission with a copy of an order made under this clause as soon as practicable after it is issued to the Cancer Council. However, a failure to provide such a copy does not affect the validity of the order.

(4) An order under this clause cannot be challenged, reviewed or called into question in any proceedings before any court or tribunal.

(5) An order under this clause is conclusive evidence in any proceedings before a court or tribunal that all the requirements of this Schedule have been complied with concerning the registration of the Cancer Council as a company limited by guarantee under the Corporations Act.

4 Cancer Council company same legal entity as Cancer Council

The Cancer Council company is taken to be a continuation of, and the same legal entity as, the Cancer Council.

5 Application of New South Wales Cancer Council Act 1995

The New South Wales Cancer Council Act 1995 is taken not to apply to the Cancer Council company on and after the registration date.