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CORPORATIONS ACT 2001

CHAPTER 10 - TRANSITIONAL PROVISIONS  

PART 10.25 - TRANSITIONAL PROVISIONS RELATING TO THE INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)  

Division 3 - Application of Part 3 of the Insolvency Practice Schedule (Corporations) and related consequential amendments    View history reference

Subdivision F - Meetings    View history reference

SECTION 1605  OLD ACT CONTINUES TO APPLY FOR CERTAIN MEETINGS CONVENED ETC. BEFORE COMMENCEMENT DAY  

1605(1)  

If:


(a) the administrator of a company under external administration is required to convene a meeting of the company ' s creditors under section 439A of the old Act; and


(b) the convening period for the meeting as fixed by subsection 439A(5) of the old Act (or extended under subsection (6) of that section) ends on or after the commencement day; and


(c) as at the commencement day, the meeting has not been convened;

then the old Act continues to apply on and after the commencement day (despite the repeal of subsections 439A(3) and (4) and section 439B by Schedule 2 to the Insolvency Law Reform Act 2016 ) in relation to the meeting.

1605(2)  

Despite the repeal of section 445F of the old Act and the amendment of section 445A of the old Act by Schedule 2 to the Insolvency Law Reform Act 2016 , those sections continue to apply on and after the commencement day in relation to meetings for which a notice under subsection 445F(2) is given before the commencement day.

1605(3)  

Despite its repeal by Schedule 2 to the Insolvency Law Reform Act 2016 , section 479 of the old Act continues to apply on and after the commencement day in relation to meetings which have been convened under subsection 479(2) or for which a direction or request is given under that subsection before the commencement day.

1605(4)  

Despite the amendment of subsection 496(8) of the old Act by Schedule 2 to the Insolvency Law Reform Act 2016 , that subsection continues to apply on and after the commencement day in relation to meetings convened before the commencement day as if the amendment had not been made.


 



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