Companies (Administration) Act 1982 (SA)

South Australia Companies (Administration) Act 1982 An Act to continue the Corporate Affairs Commission; to establish the Companies Auditors and Liquidators Disciplinary Board; and for other purposes.

Contents Part 1—Preliminary 1 Short title 4 Interpretation Part 2—The Corporate Affairs Commission Division 1—The Corporate Affairs Commission 6 Corporate Affairs Commission 7 Delegation 8 Accounts 8A Report Division 2—The Commissioner, Deputy Commissioner and Assistant Commissioner 9 Appointment of the Commissioner 10 Deputy Commissioner for Corporate Affairs 11 Assistant Commissioner for Corporate Affairs 12 Officers of the Commission Part 3—The Companies Auditors and Liquidators Disciplinary Board 13 Companies Auditors and Liquidators Disciplinary Board 14 Membership of the Board 15 Exercise of powers of Board 16 Term of office 17 Remuneration 18 Companies Auditors Board to continue in existence Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Companies (Administration) Act 1982. 4—Interpretation In this Act, unless the contrary intention appears— the Board means the Companies Auditors and Liquidators Disciplinary Board; the Commission means the Corporate Affairs Commission continued under this Act; member means a member of the Board and includes the deputy of a member.

Part 2—The Corporate Affairs Commission Division 1—The Corporate Affairs Commission 6—Corporate Affairs Commission (1) The Commission, entitled the Corporate Affairs Commission, established by Part 13 of the Companies Act 1962 shall continue in existence. (2) The Commission— (a) shall be a body corporate with perpetual succession and a common seal; and (b) shall be capable of suing and being sued; and (c) shall be capable of acquiring, holding, dealing with, and disposing of any interest in real or personal property; and (d) shall be capable of acquiring or incurring any other rights or liabilities; and (e) shall hold its property for and on behalf of the Crown; and (f) shall have the powers, authorities, functions and duties conferred, assigned or imposed upon it by or under this or any other Act, or any law of the Commonwealth, a Territory of the Commonwealth or another State. (3) The Commission shall be constituted of— (a) the Commissioner for Corporate Affairs; or (b) the Deputy Commissioner for Corporate Affairs; or (c) the Assistant Commissioner for Corporate Affairs. (4) An apparently genuine document purporting to bear the common seal of the Commission shall be presumed in any legal proceedings, in the absence of proof to the contrary, to have been duly executed by the Commission. 7—Delegation (1) Subject to this Act or any other Act, the Commission may delegate any of the Commission's powers, authorities, functions or duties under this Act or any other Act— (a) to a person employed in the Public Service; or (b) to the person for the time being holding a specified position in the Public Service. (2) A delegation under this section— (a) must be in writing; and (b) may be conditional or unconditional; and (c) is revocable at will; and (d) does not prevent the delegator from acting in any matter. (3) A delegated function or power may, if the instrument of delegation so provides, be further delegated. 8—Accounts (1) The Commission shall keep proper accounts of all moneys received or disbursed by the Commission. (2) The Auditor-General may at any time, and shall at least once in each calendar year, audit the accounts of the Commission. (3) The Auditor-General shall have in relation to the accounts and officers of the Commission the powers that are vested in the Auditor-General by the Audit Act 1921 in relation to public accounts and accounting officers. 8A—Report (1) The Commission shall, on or before the thirty-first day of December in each year, deliver to the Minister a report of its operations during the period of twelve months that ended on the preceding thirtieth day of June. (2) The Minister shall cause a copy of the report to be laid before each House of Parliament.