—(1) Unless otherwise provided in this Act, the memorandum of a company may be altered by special resolution.
(1A) Subsection (1) is subject to section 26A and to any provision included in the memorandum of a company in accordance with that section.
(1B) Notwithstanding subsection (1), a provision contained in the memorandum of a company immediately before 1st April 2004 and which could not be altered under the provisions of this Act in force immediately before that date, may be altered only if all the members of the company agree.
(2) In addition to observing and subject to any other provision of this Act requiring the lodging with the Registrar of any resolution of a company or order of the Court or other document affecting the memorandum of a company, the company shall within 14 days after the passing of any such resolution or the making of any such order lodge with the Registrar a copy of such resolution or other document or a copy of such order together with (unless the Registrar dispenses therewith) a copy of the memorandum as altered, and if default is made in complying with this subsection the company and every officer of the company who is in default shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and also to a default penalty.
(3) The Registrar shall register every resolution, order or other document lodged with him under this Act that affects the memorandum of a company and, where an order is so registered, shall issue to the company a notice of the registration of that order.
(4) [Deleted by Act 12 of 2002]
(5) Notice of the registration shall be published in such manner, if any, as the Court or the Registrar directs.
(6) The Registrar shall, where appropriate, issue a notice of incorporation in accordance with the alteration made to the memorandum.
(7) Upon the application of a company and payment of the prescribed fee, the Registrar shall issue to the company a certificate, under his hand and seal, confirming the incorporation in accordance with the alteration made to the memorandum.
[Aust., 1961, s. 21; UK, Bill, 2002, Clause 20]