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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Corporations
(Repeals, Consequentials and Transitionals) Bill 2001
No.
, 2001
(Treasury)
A Bill for an
Act to deal with matters consequential on the enactment of the Corporations
Act 2001 and the Australian Securities and Investments Commission Act
2001, and for related purposes
ISBN: 0642
458057
Contents
Part 1—The applied
laws 19
Australian Securities and Investments Commission Act
1989 19
Corporations Act
1989 19
Part 2—The former co-operative scheme
Acts 20
Companies Act
1981 20
Companies (Acquisition of Shares) Act
1980 20
Companies (Acquisition of Shares—Fees: Taxation Component) Act
1989 20
Companies and Securities (Interpretation and Miscellaneous Provisions)
Act 1980 20
Companies (Fees: Taxation Component) Act
1989 20
Companies (Transitional Provisions) Act
1981 20
Futures Industry Act
1986 20
Futures Industry (Fees: Taxation Component) Act
1989 21
Securities Industry Act
1980 21
Securities Industry (Fees: Taxation Component) Act
1989 21
Australian Securities and Investments Commission Act
2001 22
Corporations Act
2001 25
Aboriginal and Torres Strait Islander Commission Act
1989 29
Aboriginal Councils and Associations Act
1976 29
ACIS Administration Act
1999 29
Acts Interpretation Act
1901 30
Administrative Appeals Tribunal Act
1975 32
Administrative Decisions (Judicial Review) Act
1977 32
Aerospace Technologies of Australia Limited Sale Act
1994 32
Agricultural and Veterinary Chemicals Code Act
1994 33
Air Navigation Act
1920 33
Airports Act
1996 33
Airports (Transitional) Act
1996 34
Air Services Act
1995 34
A New Tax System (Australian Business Number) Act
1999 34
A New Tax System (Goods and Services Tax) Act
1999 34
A New Tax System (Luxury Car Tax) Act
1999 35
Auditor-General Act
1997 35
Australian Hearing Services Act
1991 35
Australian Industry Development Corporation Act
1970 36
Australian Land Transport Development Act
1988 37
Australian Meat and Live-stock Industry
1997 37
Australian Postal Corporation Act
1989 37
Australian Prudential Regulation Authority Act
1998 37
Australian Sports Drug Agency Act
1990 38
Banking Act
1959 38
Bank Integration Act
1991 39
Bankruptcy Act
1966 39
Broadcasting Services Act
1992 40
CFM Sale Act
1996 41
Charter of the United Nations Act
1945 41
Cheques Act
1986 41
Child Support (Registration and Collection) Act
1988 42
Coal Mining Industry (Long Service Leave Funding) Act
1992 42
Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act
1992 42
Commonwealth Authorities and Companies Act
1997 42
Commonwealth Banks Act
1959 44
Commonwealth Borrowing Levy Act
1987 44
Commonwealth Electoral Act
1918 45
Commonwealth Funds Management Limited Act
1990 45
Commonwealth Serum Laboratories Act
1961 45
Commonwealth Superannuation Board Act
2001 47
Crimes Act
1914 47
Criminal Code Act
1995 47
Crown Debts (Priority) Act
1981 47
Customs Act
1901 48
Dairy Produce Act
1986 49
Defence Housing Authority Act
1987 49
Education Services for Overseas Students Act
2000 49
Environment Protection and Biodiversity Conservation Act
1999 49
Equal Opportunity for Women in the Workplace Act
1999 50
Evidence Act
1995 50
Excise Act
1901 50
Export Market Development Grants Act
1997 50
Federal Airports Corporation Act
1986 51
Federal Proceedings (Costs) Act
1981 51
Film Licensed Investment Company Act
1998 51
Financial Corporations (Transfer of Assets and Liabilities) Act
1993 51
Financial Corporations Act
1974 51
Financial Sector (Collection of Data) Act
2001 52
Financial Sector (Transfers of Business) Act
1999 52
Financial Transaction Reports Act
1988 52
Fisheries Management Act
1991 53
Foreign Evidence Act
1994 53
Foreign Proceedings (Excess of Jurisdiction) Act
1984 54
Fringe Benefits Tax Assessment Act
1986 54
Health Insurance Commission (Reform and Separation of Functions) Act
1997 54
Hearing Services and AGHS Reform Act
1997 55
Housing Loans Insurance Corporation (Transfer of Assets and Abolition)
Act 1996 55
Income Tax Assessment Act
1936 55
Income Tax Assessment Act
1997 59
Industry Research and Development Act
1986 60
Insurance Act
1973 60
Insurance (Agents and Brokers) Act
1984 62
Interactive Gambling Act
2001 62
International Air Services Commission Act
1992 63
Judiciary Act
1903 64
Life Insurance Act
1995 64
Management and Investment Companies Act
1983 67
National Environment Protection Measures (Implementation) Act
1998 67
National Health Act
1953 67
National Rail Corporation Agreement Act
1992 72
National Residue Survey (Excise) Levy Act
1998 73
Norfolk Island Act
1979 73
Offshore Minerals (Registration Fees) Act
1981 73
Patents Act
1990 73
Payment Systems and Netting Act
1998 73
Pay-roll Tax (Territories) Assessment Act
1971 74
Petroleum Resource Rent Tax Assessment Act
1987 75
Petroleum (Submerged Lands) Act
1967 75
Petroleum (Submerged Lands) (Registration Fees) Act
1967 75
Pig Industry Act
1986 76
Pig Industry Act
2001 76
Pipeline Authority Act
1973 76
Pooled Development Funds Act
1992 76
Primary Industries (Customs) Charges Act
1999 77
Primary Industries (Excise) Levies Act
1999 77
Privacy Act
1988 78
Protection of the Sea (Oil Pollution Compensation Fund) Act
1993 78
Qantas Sale Act
1992 78
Reserve Bank Act
1959 80
Retirement Savings Accounts Act
1997 80
Safety, Rehabilitation and Compensation Act
1988 80
Service and Execution of Process Act
1992 80
Snowy Hydro Corporatisation Act
1997 81
Snowy Mountains Engineering Corporation Limited Sale Act
1993 82
Social Security Act
1991 82
States Grants (Petroleum Products) Act
1965 83
States Grants (Primary and Secondary Education Assistance) Act
1996 83
Stevedoring Levy (Collection) Act
1998 83
Superannuation Act
1990 84
Superannuation Benefits (Supervisory Mechanisms) Act
1990 84
Superannuation Guarantee (Administration) Act
1992 84
Superannuation Industry (Supervision) Act
1993 84
Sydney Airport Demand Management Act
1997 85
Taxation Administration Act
1953 85
Telecommunications Act
1997 85
Telecommunications (Interception) Act
1979 86
Telstra Corporation Act
1991 86
Tobacco Advertising Prohibition Act
1992 89
Trade Practices Act
1974 89
Trade Practices Act
1974 90
Tradex Scheme Act
1999 90
Veterans’ Entitlements Act
1986 90
Wool International Act
1993 91
Wool International Privatisation Act
1999 91
Wool Services Privatisation Act
2000 91
Workplace Relations Act
1996 92
Workplace Relations (Registered Organisations) Act
2001 92
Year 2001 Information Disclosure Act
1999 92
Australian Securities and Investments Commission Act
2001 93
Corporations Act
2001 94
Administrative Review Tribunal (Consequential and Transitional
Provisions) Act
2001 97
Corporations Act
2001 100
A Bill for an Act to deal with matters consequential on
the enactment of the Corporations Act 2001 and the Australian
Securities and Investments Commission Act 2001, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Corporations (Repeals, Consequentials and
Transitionals) Act 2001.
(1) Subject to this section, this Act commences, or is taken to have
commenced, at the same time as the Corporations Act 2001.
(2) Schedules 1 and 2 commence, or are taken to have commenced, at
the same time as the Corporations Act 2001.
(3) Subject to subsections (4) to (10), Schedule 3 commences, or
is taken to have commenced, at the same time as the Corporations Act
2001.
(4) Items 65 and 67 of Schedule 3 commence on the later
of:
(a) the time when the Corporations Act 2001 commences; or
(b) the time when Part 1 of Schedule 2 to the Financial
Sector (Collection of Data—Consequential and Transitional Provisions) Act
2001 commences.
(5) Item 146 of Schedule 3 commences on the later of:
(a) the time when the Corporations Act 2001 commences; or
(b) the time when section 10 of the Commonwealth Superannuation
Board Act 2001 commences.
(6) Item 191 of Schedule 3 commences on the later of:
(a) the time when the Corporations Act 2001 commences; or
(b) the time when Part 5 of the Financial Sector (Collection of
Data) Act 2001 commences.
(7) Items 296 to 302 of Schedule 3 commence on the later
of:
(a) the time when the Corporations Act 2001 commences; or
(b) the time when Part 1 of the Interactive Gambling Act 2001
commences.
(8) Item 438 of Schedule 3 commences at the same time as
item 35 of Schedule 2 to the Privacy Amendment (Private Sector) Act
2000 commences.
(9) Item 495 of Schedule 3 commences on the later of:
(a) the time when the Corporations Act 2001 commences; or
(b) the time when item 14 of Schedule 1 to the Superannuation
Legislation (Commonwealth Employment) Repeal and Amendment Act 2001
commences.
(10) Items 574 and 575 of Schedule 3 commence on the later
of:
(a) the time when the Corporations Act 2001 commences; or
(b) the time when the definitions of debenture and
interest in section 45 of the Workplace Relations
(Registered Organisations) Act 2001 commence.
(11) Subject to subsection (12), Schedule 4 commences, or is
taken to have commenced, at the same time as the Corporations Act
2001.
(12) If Parts 4 to 10 of the Administrative Review Tribunal Act
2001 have not commenced before the Corporations Act 2001
commences:
(a) Schedule 4 to this Act does not commence; and
(b) Schedule 5 to this Act commences at the same time as Parts 4
to 10 of the Administrative Review Tribunal Act 2001 commence.
(13) If Parts 4 to 10 of the Administrative Review Tribunal Act
2001 have commenced before the Corporations Act 2001 commences,
Schedule 5 to this Act does not commence.
(14) Schedule 6 commences, or is taken to have commenced, at the same
time as the Corporations Act 2001.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
In this Division:
ACT means the Australian Capital Territory.
ACT ASIC Law has the same meaning as ASIC Law of the Capital
Territory had in the Corporations Act 1989 immediately before the
relevant time.
ACT ASIC Regulations has the same meaning as ASIC Regulations
of the Capital Territory had in the Corporations Act 1989 immediately
before the relevant time.
ACT Corporations Law has the same meaning as Corporations Law
of the Capital Territory had in the Corporations Act 1989 immediately
before the relevant time.
ACT Corporations Regulations has the same meaning as
Corporations Regulations of the Capital Territory had in the Corporations Act
1989 immediately before the relevant time.
ASIC means the Australian Securities and Investments
Commission.
carried over provision:
(a) of the old ACT corporations legislation—means a provision of
that legislation that:
(i) was in force immediately before the relevant time; and
(ii) corresponds to a provision of the new corporations legislation;
and
(b) of the old ACT ASIC legislation—means a provision of that
legislation that:
(i) was in force immediately before the relevant time; and
(ii) corresponds to a provision of the new ASIC legislation.
corresponds has a meaning affected by
section 5.
liability includes a duty or obligation.
made includes issued, given or published.
new ASIC Act means the Australian Securities and
Investments Commission Act 2001.
new ASIC legislation means:
(a) the new ASIC Act; and
(b) the new ASIC Regulations (as amended and in force from time to time)
and any other regulations made under the new ASIC Act; and
(c) the laws of the Commonwealth referred to in subparagraph (a)(ii)
and (in relation to the ACT) subparagraph (b)(iii) of the definition of
old ASIC legislation in subsection 254(1) of the new ASIC Act,
being those laws as they apply after the relevant time; and
(d) the preserved instruments.
new ASIC Regulations means the old ASIC Regulations that,
because of section 264 of the new ASIC Act, have effect as if they were
made under section 251 of that Act.
new Corporations Act means the Corporations Act
2001.
new Corporations legislation means:
(a) the new Corporations Act; and
(b) the new Corporations Regulations (as amended and in force from time to
time) and any other regulations made under the new Corporations Act;
and
(c) the laws of the Commonwealth referred to (in relation to the ACT) in
paragraph (c) of the definition of old corporations
legislation in subsection 1371(1) of the new Corporations Act, being
those laws as they apply after the relevant time; and
(d) the preserved instruments.
new Corporations Regulations means the old Corporations
Regulations that, because of section 1380 of the new Corporations Act, have
effect as if they were made under section 1364 of that Act.
old ACT ASIC Law means the ACT ASIC Law as in force from time
to time before the relevant time.
old ACT ASIC legislation means:
(a) the old ACT ASIC Law and the old ACT ASIC Regulations, and any
instruments made under that Law or those Regulations; and
(b) the Corporations Act 1989, and any instruments made under that
Act, as applying in relation to the old ACT ASIC Law and the old ACT ASIC
Regulations from time to time before the relevant time; and
(c) the laws of the Commonwealth as applying in relation to the old ACT
ASIC Law and the old ACT ASIC Regulations from time to time before the relevant
time as laws of, or for the government of, the ACT because of Part 8 of the
Corporations Act 1989, and any instruments made under those laws as so
applying.
old ACT ASIC Regulations means the ACT ASIC Regulations as in
force from time to time before the relevant time.
old ACT Corporations Law means the ACT Corporations Law as in
force from time to time before the relevant time.
old ACT corporations legislation means:
(a) the old ACT Corporations Law and the old ACT Corporations Regulations,
and any instruments made under that Law or those Regulations; and
(b) the Corporations Act 1989, and any instruments made under that
Act , as applying in relation to the old ACT Corporations Law and the old ACT
Corporations Regulations from time to time before the relevant time;
and
(c) the laws of the Commonwealth as applying in relation to the old ACT
Corporations Law and the old ACT Corporations Regulations from time to time
before the relevant time as laws of, or for the government of, the ACT because
of Part 8 of the Corporations Act 1989, and any instruments made
under those laws as so applying.
old ACT Corporations Regulations means the ACT Corporations
Regulations as in force from time to time before the relevant time.
order, in relation to a court, includes any judgment,
conviction or sentence of the court.
pre-commencement right or liability means a right or
liability, whether civil or criminal, other than a right or liability under an
order made by a court before the relevant time or a liability referred to in
subsection 1397(4) of the new Corporations Act, that:
(a) was acquired, accrued or incurred under:
(i) a carried over provision of the old ACT corporations legislation or
the old ACT ASIC legislation; or
(ii) a provision of the old ACT corporations legislation or the old ACT
ASIC legislation that was no longer in force immediately before the relevant
time; and
(b) was in existence immediately before the relevant time.
preserved instrument means:
(a) in relation to the new corporations legislation—an instrument
that, because of section 1399 of the new Corporations Act, has effect after
the relevant time as if it were made under a provision of the new corporations
legislation; and
(b) in relation to the new ASIC legislation—an instrument that,
because of section 275 of the new ASIC Act, has effect after the relevant
time as if it were made under a provision of the new ASIC legislation;
and
provision of a law includes any portion of the law.
relevant time means the time when the new Corporations Act,
as originally enacted, commences.
right includes an interest or status.
(1) For the purposes of this Act, a provision (the old
provision) of the old ACT corporations legislation or the old ACT ASIC
legislation corresponds to a provision (the new provision) of the
new corporations legislation or the new ASIC legislation (and vice versa)
if:
(a) the old provision and the new provision are substantially the same,
unless the regulations specify that the 2 provisions do not correspond;
or
(b) the regulations specify that the 2 provisions correspond.
(2) For the purposes of paragraph (1)(a), differences of all or any
of the following kinds are not sufficient to mean that 2 provisions are not
substantially the same:
(a) differences in the numbering of the provisions;
(b) differences of a minor technical nature (for example, differences in
punctuation, or differences that are attributable to the correction of incorrect
cross references);
(c) the fact that one of the provisions refers to a corresponding previous
law and the other does not;
(d) the fact that:
(i) the old provision allowed a court to exercise powers on its own motion
but the new provision does not; or
(ii) the old provision required a court to apply a criterion of public
interest but the new provision requires a court to apply a criterion of justice
and equity; or
(iii) the new provision requires ASIC to take account of public interest
but the old provision did not;
(e) other differences that are attributable to the fact that the new
corporations legislation and the new ASIC legislation apply as Commonwealth laws
in the States and the internal Territories;
(f) other differences of a kind prescribed by the regulations for the
purposes of this paragraph.
(3) Subsection (2) is not intended to otherwise limit the
circumstances in which 2 provisions are, for the purposes of
paragraph (1)(a), substantially the same.
(4) The regulations may provide that:
(a) a specified provision of the old ACT corporations legislation does, or
does not, correspond to a specified provision of the new corporations
legislation; or
(b) a specified provision of the old ACT ASIC legislation does, or does
not, correspond to a specified provision of the new ASIC legislation.
(1) If, by force of:
(a) Chapter 10 of the new Corporations Act; or
(b) Part 16 of the new ASIC Act;
a person acquires, accrues or incurs a right or liability in substitution
for a pre-commencement right or liability, the pre-commencement right or
liability is cancelled at the relevant time.
(2) A proceeding in a court that:
(a) was started before the relevant time; and
(b) was:
(i) under a provision of the old ACT corporations legislation or the old
ACT ASIC legislation; or
(ii) brought as, or connected with, a prosecution for an offence against a
provision of the old ACT corporations legislation or the old ACT ASIC
legislation; and
(c) was a proceeding to which section 1383 of the new Corporations
Act or section 267 of the new ASIC Act applies; and
(d) had not been concluded or terminated before the relevant
time;
is terminated at the relevant time by force of this subsection.
(3) If, by force of a Commonwealth Act (other than the new Corporations
Act) referred to in sections 1393 to 1396 of the new Corporations Act, a
person becomes liable to pay an amount that is the same as, and is in respect of
the same matter as, an amount (the pre-commencement amount) that
was payable by the person before the relevant time under a provision of the old
ACT corporations legislation, the person’s liability to pay the
pre-commencement amount is cancelled at the relevant time.
(4) This section has effect despite anything in the Acts Interpretation
Act 1901.
(1) This section applies to a proceeding, whether criminal or civil, in
relation to which all of the following paragraphs are satisfied:
(a) the proceeding was started in a court before the relevant
time;
(b) the proceeding was:
(i) under a provision of the old ACT corporations legislation or the old
ACT ASIC legislation; or
(ii) brought as, or connected with, a prosecution for an offence against a
provision of the old ACT corporations legislation or the old ACT ASIC
legislation;
(c) the proceeding was not a proceeding to which section 1383 or 1384
of the new Corporations Act, or section 267 or 268 of the new ASIC Act,
applies;
(d) the proceeding had not been concluded or terminated before the
relevant time.
(2) Subject to subsection (3), a proceeding to which this section
applies may be continued, and any order made by a court in such a proceeding may
be appealed against, reviewed or enforced as if:
(a) the Corporations Act 1989 and the Australian Securities and
Investments Commission Act 1989 had not been repealed; and
(b) the new corporations legislation and the new ASIC legislation had not
come into operation.
(3) Nothing in this Act, or in the Acts Interpretation Act 1901,
operates to preserve the effect of an order to which subsection 1383(5) of the
new Corporations Act, or subsection 267(5) of the new ASIC Act, applies and, at
the relevant time, that order ceases to have effect as an order of the court by
which it was made and any proceeding in relation to any such order is terminated
by force of this subsection.
(4) For the avoidance of doubt, Part 9 of the Corporations Act
1989 (which deals with the jurisdiction and procedure of courts) continues
to have the same application to a proceeding to which this section applies as it
did before the relevant time.
(5) In this section:
proceeding includes:
(a) a proceeding by way of appeal against, or otherwise seeking review of,
an order made by a court; and
(b) a proceeding to enforce an order made by a court; and
(c) any other proceeding in respect of a breach of an order made by a
court.
In this Division:
ACT means the Australian Capital Territory.
Corporations Act commencement means the commencement of the
Corporations Act 2001.
Corporations Law commencement means 1 January
1991.
Note: This is the day on which Chapter 5 of the
Corporations Law commenced.
(1) The provisions of the Corporations Act 2001 with respect to
winding up do not apply to any body corporate whose winding up was started
before the Corporations Law commencement.
(2) If a body corporate’s winding up started before the Corporations
Law commencement under a law in force in the ACT:
(a) the body corporate is to be wound up in the same manner, and with the
same incidents, as if the Companies Act 1981 had not been repealed and
the Corporations Act 1989 had not been enacted; and
(b) for the purposes of the winding up, the Companies Act 1981
applies, with such modifications as the circumstances require, as if a reference
in that Act to the NCSC were, except in relation to a time before that
commencement, a reference to the Australian Securities and Investments
Commission.
(1) In this section:
relevant money means:
(a) money that, immediately before the Corporations Law commencement,
stood to the credit of the Companies Liquidation Account established by
section 428 of the Companies Act 1981; and
(b) money that, after the Corporations Law commencement, was or is paid
into the Companies Liquidation Account under provisions of the Companies Act
1981 that were taken to continue in force after the Corporations Law
commencement for the purposes of windings up started before that
commencement.
(2) Relevant money is to be dealt with in accordance with section 427
of the Companies Act 1981.
(1) If, immediately before the Corporations Act commencement, an Act
repealed by Part 2 of Schedule 1 to this Act applied in the ACT to a
matter, that Act:
(a) continues to apply to that matter after that commencement despite its
repeal; and
(b) if that Act applied to that matter immediately before that
commencement with particular modifications—it continues to apply to the
matter with the same modifications.
(2) For the purposes of subsection (1), if a company was dissolved
before the Corporations Law commencement, the Companies Act 1981 is taken
to have applied to the dissolution immediately before the Corporations Act
commencement.
(1) In this Part:
authority, in relation to the Commonwealth,
includes:
(a) a body corporate, or an unincorporated body, established for a public
purpose by or in accordance with an Act; and
(b) a court, tribunal or authority established by or in accordance with an
Act;
for example:
(c) the Administrative Appeals Tribunal; and
(d) the Australian Federal Police.
non-federal proceeding means:
(a) a proceeding in relation to which:
(i) paragraphs 1383(1)(a), (b) and (d) of the Corporations Act 2001
are satisfied but paragraph 1383(1)(e) of that Act is not satisfied;
or
(ii) paragraphs 267(1)(a), (b) and (d) of the Australian Securities and
Investments Commission Act are satisfied but paragraph 267(1)(e) of that Act
is not satisfied; or
(b) an enforcement proceeding, or an appeal or review proceeding, in
relation to an order of a court made before the commencement in relation to a
proceeding that was:
(i) under a provision of the old corporations legislation of a State or
Territory in this jurisdiction; or
(ii) brought as, or connected with, a prosecution for an offence against a
provision of the old corporations legislation of a State or Territory in this
jurisdiction; or
(iii) under a provision of the old ASIC legislation of the Commonwealth, a
State in this jurisdiction or the Northern Territory; or
(iv) brought as, or connected with, a prosecution for an offence against a
provision of the old ASIC legislation of the Commonwealth, a State in this
jurisdiction or the Northern Territory; or
(c) an enforcement proceeding, or an appeal or review proceeding, in
relation to an order of a court made after the commencement in relation to a
proceeding referred to in paragraph (a).
officer, in relation to the Commonwealth, includes:
(a) a Minister; and
(b) a person holding:
(i) an office established by or under an Act; or
(ii) an appointment made under an Act; or
(iii) an appointment made by the Governor-General or a Minister but not
under an Act; and
(c) a person who is a member or officer of an authority of the
Commonwealth; and
(d) a person who is in the service or employment of the Commonwealth, or
of an authority of the Commonwealth, or is employed or engaged under an
Act;
for example:
(e) a member or special member of the Australian Federal Police;
and
(f) the Director of Public Prosecutions; and
(g) the Ombudsman; and
(h) the Privacy Commissioner; and
(i) a Special Prosecutor.
old ASIC legislation has the same meaning as in
section 254 of the Australian Securities and Investments Commission Act
2001.
old corporations legislation has the same meaning as in
section 1371 of the Corporations Act 2001.
transitional national scheme function or power means a
function or power in relation to a non-federal proceeding that is expressed to
be conferred by or under a law of a State or Territory in this
jurisdiction.
Note: Commonwealth authorities and officers may have such
functions or powers under the State and Territory legislation dealing with the
transition from the applied Corporations Law regime to the Corporations Act
2001.
(1) Commonwealth authorities and officers:
(a) have the transitional national scheme functions and powers;
and
(b) have the functions and powers conferred on them by virtue of the
operation of Part 3 of this Act (special transitional arrangements for the
ACT).
(2) A Commonwealth authority or officer:
(a) is not subject to any directions in relation to the performance or
exercise of a transitional national scheme function or power; and
(b) is not under a duty to perform or exercise a transitional national
scheme function or power.
(3) Subsection (2) does not apply to the Australian Securities and
Investments Commission.
Note: Subsection 271(2) of the Australian Securities and
Investments Commission Act 2001 deals with the performance and exercise of
transitional national scheme functions by ASIC.
(1) The Governor-General may make regulations prescribing
matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
(2) Without limiting subsection (1), the regulations may provide that
certain provisions of Part 3 are taken to be modified as set out in the
regulations. Those provisions then have effect as if they were so
modified.
Australian Securities and
Investments Commission Act 1989
1 The whole of the Act
Repeal the Act.
2 The whole of the Act
Repeal the Act.
Part 2—The
former co-operative scheme Acts
3 The whole of the Act
Repeal the Act.
Companies (Acquisition of
Shares) Act 1980
4 The whole of the Act
Repeal the Act.
Companies (Acquisition of
Shares—Fees: Taxation Component) Act 1989
5 The whole of the Act
Repeal the Act.
Companies and Securities
(Interpretation and Miscellaneous Provisions) Act 1980
6 The whole of the Act
Repeal the Act.
Companies
(Fees: Taxation Component) Act
1989
7 The whole of the Act
Repeal the Act.
Companies (Transitional
Provisions) Act 1981
8 The whole of the Act
Repeal the Act.
9 The whole of the Act
Repeal the Act.
Futures Industry (Fees:
Taxation Component) Act 1989
10 The whole of the Act
Repeal the Act.
11 The whole of the Act
Repeal the Act.
Securities Industry (Fees:
Taxation Component) Act 1989
12 The whole of the Act
Repeal the Act.
Australian Securities and
Investments Commission Act 2001
1 Section 122
Repeal the section, substitute:
In addition to the other staff members, officers and employees of
Agencies (within the meaning of the Public Service Act 1999), and of
authorities of the Commonwealth, whose services are made available to ASIC in
connection with the performance or exercise of any of its functions or powers
are to assist ASIC.
2 Subsection 254(1)
Insert:
old corporations legislation has the meaning given by
subsection 1371(1) of the Corporations Act 2001.
3 Subsection 255(4)
Repeal the subsection, substitute:
(4) In this section:
State validation Act means an Act of a State in this
jurisdiction under which certain administrative actions (within the meaning of
that Act) taken, or purportedly taken, at or before the commencement by
Commonwealth authorities or officers of the Commonwealth (within the meaning of
that Act) pursuant to functions or powers (the relevant functions or
powers) conferred, or purportedly conferred, by or under laws that
include the old application Act for that State have, and are deemed always to
have had, the same force and effect for all purposes as they would have had
if:
(a) they had been taken, or purportedly taken by a State authority or
officer of the State (within the meaning of that Act); and
(b) the relevant functions or powers had been duly conferred on those
authorities or officers.
4 Subsection 266(1) (after paragraph (c) of
the definition of federal ASIC proceeding)
Insert:
(ca) a proceeding in relation to a matter to which a provision of the old
ASIC legislation of the Commonwealth, a State in this jurisdiction or the
Northern Territory applied:
(i) in which the Commonwealth was seeking an injunction or a declaration;
or
(ii) to which the Commonwealth, or a person suing or being sued on behalf
of the Commonwealth, was a party;
(cb) any other proceeding in relation to a matter to which a provision of
the old ASIC legislation of a State in this jurisdiction applied that was in the
exercise of federal jurisdiction;
(cc) any other proceeding in relation to a matter to which a provision of
the old ASIC legislation of the Northern Territory applied that would be covered
by paragraph (cb) if the Northern Territory had been a State;
(cd) any other proceeding under the old ASIC legislation of the
Commonwealth that was in the exercise of federal jurisdiction;
5 After section 268
Insert:
(1) This section applies to a proceeding in relation to which all of the
following paragraphs are satisfied:
(a) the proceeding was started in a court before the
commencement;
(b) the proceeding was a federal ASIC proceeding that related to matter to
which a provision of the old ASIC legislation of the Commonwealth, a State in
this jurisdiction or the Northern Territory applied;
(c) the proceeding had been concluded or terminated before the
commencement.
(2) A decision or order made in the proceeding may be appealed against, or
otherwise reviewed, as if it had been made in a proceeding that related to a
matter to which a provision of this Act applied.
(3) An order made in the proceeding may be enforced as if it had been made
in a proceeding that related to a matter to which a provision of this Act
applied.
(1) For the avoidance of doubt, if:
(a) a proceeding was started in a court before the commencement;
and
(b) the proceeding was a federal ASIC proceeding that related to matter to
which a provision of the old ASIC legislation of the Commonwealth, a State in
this jurisdiction or the Northern Territory applied; and
(c) a decision was made or an order given in the proceeding before the
commencement;
the decision or order continues to have effect after the commencement
despite the provision of the old ASIC legislation ceasing to have
effect.
(2) This section does not limit the operation of section 268 in
relation to the decision or order.
6 Subsection 271(4) (after paragraph (a) of
the definition of non-federal proceeding)
Insert:
(aa) a proceeding in relation to which paragraphs 1383(1)(a), (b) and (d)
of the Corporations Act 2001 are satisfied but paragraph 1383(1)(e) of
that Act is not satisfied;
7 Subsection 271(4) (after
subparagraph (b)(i) of the definition of non-federal
proceeding)
Insert:
(ia) under a provision of the old corporations legislation of a State or
Territory in this jurisdiction; or
8 Subsection 271(4) (at the end of
paragraph (b) of the definition of non-federal
proceeding)
Add:
(iii) brought as, or connected with, a prosecution for an offence against
a provision of the old corporations legislation of a State or Territory in this
jurisdiction; or
9 Subsection 271(4) (paragraph (c) of the
definition of non-federal proceeding)
After “paragraph (a)”, insert “or
(aa)”.
10 Subsection 272(1)
Omit “that is a relevant Act for the purposes of the Companies and
Securities (Interpretation and Miscellaneous Provisions) Act 1980”,
substitute “that was a relevant Act for the purposes of the Companies
and Securities (Interpretation and Miscellaneous Provisions) Act 1980 as in
force immediately before the commencement”.
11 Subsection 272(2)
Omit “that is a relevant Act for the purposes of the Companies and
Securities (Interpretation and Miscellaneous Provisions) Act 1980”,
substitute “that was a relevant Act for the purposes of the Companies
and Securities (Interpretation and Miscellaneous Provisions) Act 1980 as in
force immediately before the commencement”.
12 Subsection 9(1) (definition of
person)
Repeal the definition, substitute:
person, when used in Division 2 of Part 2D.2
(sections 200A to 200J), includes a superannuation fund.
13 At the end of
Part 7.1A
Add:
(1) In addition to the legal capacity and powers it has because of
section 124, the Exchange has such functions and powers as are conferred,
or expressed to be conferred, on it by this Act.
(2) Section 125 does not apply in relation to a function or power
conferred, or expressed to be conferred, as mentioned in subsection (1) of
this section.
(3) The Exchange is to perform the functions, and may exercise the powers,
that are conferred on it by or under this Act.
14 Subsection 1372(4)
Repeal the subsection, substitute:
(4) In this section:
State validation Act means an Act of a State in this
jurisdiction under which certain administrative actions (within the meaning of
that Act) taken, or purportedly taken, at or before the commencement by
Commonwealth authorities or officers of the Commonwealth (within the meaning of
that Act) pursuant to functions or powers (the relevant functions or
powers) conferred, or purportedly conferred, by or under laws that
include the old application Act for that State have, and are deemed always to
have had, the same force and effect for all purposes as they would have had
if:
(a) they had been taken, or purportedly taken by a State authority or
officer of the State (within the meaning of that Act); and
(b) the relevant functions or powers had been duly conferred on those
authorities or officers.
15 Subsection 1382(1) (after paragraph (b)
of the definition of federal corporations
proceeding)
Insert:
(ba) a proceeding that relates to a matter to which a provision of the
Corporations Act 1989 applied (other than a proceeding that relates to a
matter to which a provision of the Corporations Law of the Australian Capital
Territory applied);
(bb) a proceeding in relation to a matter to which a provision of the old
corporations legislation of a State or Territory in this jurisdiction
applied:
(i) in which the Commonwealth was seeking an injunction or a declaration;
or
(ii) to which the Commonwealth, or a person suing or being sued on behalf
of the Commonwealth, was a party;
(bc) any other proceeding in relation to a matter to which a provision of
the old corporations legislation of a State in this jurisdiction applied that
was in the exercise of federal jurisdiction;
(bd) any other proceeding in relation to a matter to which a provision of
the old corporations legislation of a Territory in this jurisdiction applied
that would be covered by paragraph (bc) if the Territory had been a
State;
16 After section 1384
Insert:
(1) This section applies to a proceeding in relation to which all of the
following paragraphs are satisfied:
(a) the proceeding was started in a court before the
commencement;
(b) the proceeding was a federal corporations proceeding that related to a
matter to which a provision of the old corporations legislation of a State or
Territory in this jurisdiction applied; and
(c) the proceeding had been concluded or terminated before the
commencement.
(2) A decision or order made in the proceeding may be appealed against, or
otherwise reviewed, as if it had been made in a proceeding that related to a
matter to which a provision of this Act applied.
(3) An order made in the proceeding may be enforced as if it had been made
in a proceeding that related to a matter to which a provision of this Act
applied.
(1) For the avoidance of doubt, if:
(a) a proceeding was started in a court before the commencement;
and
(b) the proceeding was a federal corporations proceeding that related to a
matter to which a provision of the old corporations legislation of a State or
Territory in this jurisdiction applied; and
(c) a decision was made or an order given in the proceeding before the
commencement;
the decision or order continues to have effect after the commencement
despite the provision of the old corporations legislation ceasing to have
effect.
(2) This section does not limit the operation of section 1384 in
relation to the decision or order.
Aboriginal and Torres
Strait Islander Commission Act 1989
1 Subsection 4(2)
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
Aboriginal Councils and
Associations Act 1976
2 Section 3 (paragraph (b) of the
definition of unauthorised name)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
3 Section 62
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Note: The heading to section 62 is altered by omitting
“Companies” and substituting
“Corporations”.
4 Section 67
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Note: The heading to section 67 is altered by omitting
“Companies” and substituting
“Corporations”.
5 Section 81A
Repeal the section, substitute:
An Aboriginal corporation is not a registrable Australian body for the
purposes of the Corporations Act 2001.
6 Subsection 21(1)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
7 Paragraph 29(2)(d)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
8 Paragraph 29(2)(e)
Omit “that Law”, substitute “that Act”.
9 Section 40A
Repeal the section, substitute:
(1) A reference in an Act to:
(a) an Act, or regulations or another instrument, that is part of the new
corporations legislation or the new ASIC legislation; or
(b) a provision, or group of provisions, of such an Act, regulations or
other instrument;
is taken to include a reference to:
(c) the corresponding part, provision or provisions of the old
corporations legislation or the old ASIC legislation; and
(d) any relevant earlier law.
(2) Subsection (1) does not apply to:
(a) a reference in an Act that is part of the new corporations legislation
or the new ASIC legislation; or
(b) a reference in the Corporations (Repeals, Consequentials and
Transitionals) Act 2001; or
(c) a reference that identifies an Act that is part of the new
corporations legislation or the new ASIC legislation as an Act to be amended;
or
(d) a reference in a provision that applies an Act that is part of the new
corporations legislation or the new ASIC legislation, or a provision or group of
provisions, of such an Act to a particular matter (whether with or without
modification).
(3) Subsection (1) has effect:
(a) subject to an express provision to the contrary in the Act concerned;
and
(b) subject to regulations made for the purposes of
subsection (5).
(4) For the purposes of this section:
(a) the question whether a part, provision or provisions of the old
corporations legislation corresponds to a part, provision or
provisions of the new corporations legislation is to be determined in the same
way as it is determined for the purposes of Part 10.1 of the
Corporations Act 2001; and
(b) the question whether a part, provision or provisions of the old ASIC
legislation corresponds to a part, provision or provisions of the
new ASIC legislation is to be determined in the same way as it is determined for
the purposes of Part 16 of the Australian Securities and Investments
Commission Act 2001.
(5) The regulations may provide that subsection (1) does not apply in
relation to a particular reference, or class of references, in an Act.
(6) In this section:
new ASIC legislation has the same meanings as in Part 16
of the Australian Securities and Investments Commission Act
2001.
new corporations legislation has the same meanings as in
Part 10.1 of the Corporations Act 2001.
old ASIC legislation has the same meanings as in Part 16
of the Australian Securities and Investments Commission Act
2001.
old corporations legislation has the same meanings as in
Part 10.1 of the Corporations Act 2001.
relevant earlier law, in relation to a provision of the old
corporations legislation, or the old ASIC legislation, means a law that
was:
(a) a corresponding previous law (as defined for the purposes of that
provision or provisions that included that provision); or
(b) a relevant previous law (as defined for the purposes of that provision
or provisions that included that provision).
10 At the end of the Act
Add:
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
Administrative Appeals
Tribunal Act 1975
11 Paragraph 27A(2)(d)
Repeal the paragraph, substitute:
(d) a decision under the Corporations Act 2001 to which
section 1317B of that Act applies;
12 Paragraph 27A(2)(e)
Repeal the paragraph, substitute:
(e) a decision under the Australian Securities and Investments
Commission Act 2001 to which section 244 of that Act applies.
Administrative Decisions
(Judicial Review) Act 1977
13 Subsection 3(8A)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
14 Section 9 (note)
Omit “51(2A) of the Corporations Act 1989” (wherever
occurring), substitute “1337B(3) of the Corporations Act
2001”.
15 Paragraph 2(c) of
Schedule 3
Repeal the paragraph.
Aerospace Technologies of
Australia Limited Sale Act 1994
16 Section 3 (definition of voting
share)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
17 Section 4
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Agricultural and
Veterinary Chemicals Code Act 1994
18 Subsection 69(5)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
19 Subsection 11A(3)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
20 Subsection 11A(3)
Omit “that Law”, substitute “that Act”.
21 Subsection 11A(4) (definition of voting
share)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
22 Section 5 (paragraph (b) of the
definition of qualified company)
Omit “Corporations Law of a State or internal Territory”,
substitute “Corporations Act 2001”.
23 Subsection 141(7)
Omit “32 of the Corporations Act 1989” (wherever
occurring), substitute “334 of the Corporations Act
2001”.
24 Section 144
Omit “Corporations Law of a State or an internal Territory”,
substitute “Corporations Act 2001”.
25 Paragraph 8(1)(e) of the
Schedule
Omit “Corporations Law of a State or internal Territory”,
substitute “Corporations Act 2001”.
Airports (Transitional)
Act 1996
26 Section 4 (definition of voting
share)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
27 Subsection 3(3)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
A New Tax System
(Australian Business Number) Act 1999
28 Subsection 8(2)
Omit “Corporations Law”, substitute “Corporations
Act”.
29 Section 41 (definition of
Corporations Law Company)
Repeal the definition.
30 Section 41
Insert:
Corporations Act company means a body registered as a company
under the Corporations Act 2001.
A New Tax System (Goods
and Services Tax) Act 1999
31 Section 195-1 (paragraph (a) of the
definition of futures exchange)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
32 Section 195-1 (paragraph (a) of the
definition of futures exchange)
Omit “that Law”, substitute “that Act”.
33 Section 195-1 (definition of
officer)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
34 Section 195-1 (paragraph (d) of the
definition of representative)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
A New Tax System (Luxury
Car Tax) Act 1999
35 Section 27-1 (definition of
officer)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
36 Section 5 (definition of
Auditor-General function)
Omit “Corporations Law of a State or Territory”, substitute
“Corporations Act 2001”.
37 Section 5 (definition of Corporations
Law)
Repeal the definition.
38 Section 5 (definition of
subsidiary)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
39 Subsection 21(1)
Omit “Corporations Law of a State or Territory”, substitute
“Corporations Act 2001”.
Note: The heading to section 21 is altered by omitting
“Law” and substituting
“Act”.
40 Paragraph 26(1)(b)
Omit “Corporations Law of a State or Territory”, substitute
“Corporations Act 2001”.
Australian Hearing
Services Act 1991
41 Subsection 4(2)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Australian Industry
Development Corporation Act 1970
42 Section 33B (definition of voting
share)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
43 Subsection 33F(2)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
44 Subsection 33K(7)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
45 Paragraph 34C(7)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
46 Paragraphs 34D(1)(b) and
(c)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
47 Subsections 34D(2) and
(3)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
48 Paragraph 34E(5)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
49 Paragraph 34G(1)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
50 Subsection 34G(2) (definition of listing
rules)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
51 Subsection 34G(2) (definition of
securities exchange)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
52 Subsection 34G(3)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
53 Section 36A
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Australian Land Transport
Development Act 1988
54 Subparagraph 15(3)(c)(i)
Omit “Corporations Law of a State or of an internal Territory”,
substitute “Corporations Act 2001”.
55 Subsection 28A(3)
Omit “Corporations Law of a State or of an internal Territory”,
substitute “Corporations Act 2001”.
56 Subsection 28A(3)
Omit “that Corporations Law”, substitute “that
Act”.
Australian Meat and
Live-stock Industry 1997
57 Subsection 8(4)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
58 Subsection 8(5) (definition of
corporation)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
59 Paragraphs 60(4)(a) and
60(5)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
60 Paragraph 61(2)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
61 Section 72
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Australian Postal
Corporation Act 1989
62 Section 6
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Australian Prudential
Regulation Authority Act 1998
63 Section 3 (definition of ASIC staff
member)
Omit “Australian Securities and Investments Commission Act
1989”, substitute “Australian Securities and Investments
Commission Act 2001”.
64 Subsection 56(1) (paragraph (b) of the
definition of protected document)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
65 Subsection 56(1) (paragraph (cb) of the
definition of protected document)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
66 Subsection 56(1) (paragraph (b) of the
definition of protected information)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
67 Subsection 56(1) (paragraph (cb) of the
definition of protected information)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Australian Sports Drug
Agency Act 1990
68 Subsections 10A(3), (5) and
(6)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
69 Subsection 5(2)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
70 Subsection 11CA(6)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
71 Subsection 11CG(3)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
72 Paragraph 13C(1)(b)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
73 Subsection 14C(4)
Omit “Corporations Law of a State or internal Territory”,
substitute “Corporations Act 2001”.
Note: The heading to subsection 14C(4) is altered by
omitting “Law” and substituting “Act
2001”.
74 Subsection 14F(2)
Omit “Corporations Law of a State or internal Territory”,
substitute “Corporations Act 2001”.
75 Subsection 15(4)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
76 Subsection 15A(5)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
77 Paragraph 63(5)(aa)
Omit “Australian Securities and Investments Commission Act
1989”, substitute “Australian Securities and Investments
Commission Act 2001”.
78 Section 70B
Omit “Corporations Law of a State or internal Territory”,
substitute “Corporations Act 2001”.
Note: The heading to section 70B is altered by omitting
“Law” and substituting
“Act”.
79 Subsection 25(2)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
80 Subsection 5(1) (paragraph (ba) of the
definition of company officer)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
81 Subsection 5(1) (paragraph (bb) of the
definition of company officer)
Omit “that Law”, substitute “that Act”.
82 Subsection 5(1) (paragraph (a) of the
definition of private company)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
83 Subparagraph 5G(c)(ia)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
84 Paragraph 5G(c)
Omit “that Law” (wherever occurring), substitute “that
Act”.
85 Subsection 82(3AA)
Omit “paragraph 1317EA(3)(b) of the Corporations Law of a State or
Territory”, substitute “section 1317G of the Corporations
Act 2001”.
86 Paragraph 149D(1)(b)
Repeal the paragraph, substitute:
(b) after the date of the bankruptcy, the bankrupt contravened
section 206A of the Corporations Act 2001 (disqualification from
managing corporations);
87 Subsection 149ZD(1)
Repeal the subsection, substitute:
(1) A bankrupt is disqualified from discharge if, after the date of the
bankruptcy, the bankrupt contravened section 206A of the Corporations
Act 2001 (disqualification from managing corporations).
Broadcasting Services Act
1992
88 Section 103B (definition of
registered auditor)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
89 Section 121B (definition of related
body corporate)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
90 Subsection 143(3) (definition of related
body corporate)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
91 Section 146B (definition of related
body corporate)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
92 Subsection 212A(4) (definition of related
body corporate)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
93 Subclause 2(1) of Schedule 6 (definition
of related body corporate)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
94 Subsection 3(1) (definition of voting
share)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
95 Subsections 3(2) and (3)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Charter of the United
Nations Act 1945
96 Paragraph 9(e)
Repeal the paragraph, substitute:
(e) any provision of the Corporations Act 2001 or the Australian
Securities and Investments Commission Act 2001, or of regulations made under
those Acts; or
97 Paragraph 70A(2)(a)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
Child Support
(Registration and Collection) Act 1988
98 Subsection 4(1) (paragraph (ea) of the
definition of trustee)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
99 Subsection 4(1) (paragraph (eb) of the
definition of trustee)
Omit “that Law”, substitute “that Act”.
Coal Mining Industry (Long
Service Leave Funding) Act 1992
100 Paragraph 48B(1)(c)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Coal Mining Industry (Long
Service Leave) Payroll Levy Collection Act 1992
101 Section 3 (definition of financial
statements)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
102 Subsection 10(1)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Commonwealth Authorities
and Companies Act 1997
Note: The Reader’s Guide to the Commonwealth
Authorities and Companies Act 1997 is altered by omitting
“Corporations Law” (wherever occurring) and substituting
“Corporations Act 2001”.
103 Section 5 (definition of
Corporations Law)
Repeal the definition.
104 Section 5 (definition of
Corporations Law company)
Repeal the definition.
105 Section 5
Insert:
Corporations Act company means a body corporate that is
incorporated, or taken to be incorporated, under the Corporations Act
2001.
106 Section 5 (paragraph (c) of the
definition of director)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
107 Section 5 (definition of
subsidiary)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
108 Paragraph 7(2)(a)
Omit “Law”, substitute “Act”.
109 Subsection 12(2)
Omit “Corporations Law company”, substitute “Corporations
Act company”.
110 Subsection 12(2)
Omit “Corporations Law” (second and third occurring),
substitute “Corporations Act 2001”.
111 Subsection 23(1) (note
2)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
112 Subsection 26(1) (note)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
113 Subsection 31(3)
Omit “Corporations Law of a State or Territory”, substitute
“Corporations Act 2001”.
114 Subsection 34(1)
Omit “Corporations Law company”, substitute “Corporations
Act company”.
115 Paragraph 35(1)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
116 Subsections 36(1), (2) and
(3)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
117 Subsection 37(2)
Omit “Corporations Law company”, substitute “Corporations
Act company”.
118 Subsection 37(2)
Omit “Corporations Law” (second and third occurring),
substitute “Corporations Act 2001”.
119 Paragraph 44(1)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
120 Subsection 45(3)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
121 Subsection 9(4)
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
122 Section 27G
Repeal the section, substitute:
Notwithstanding subsection 148(2) of the Corporations Act 2001,
the Commonwealth Bank need not have the word “Limited” at the end of
its name.
123 Section 27J
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
Commonwealth Borrowing
Levy Act 1987
124 Subsection 3(1) (paragraph (c) of the
definition of body)
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
Commonwealth Electoral Act
1918
125 Paragraph 287(6)(b)
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
126 Paragraph 306A(8)(d) (definition of
financial institution, note)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Commonwealth Funds
Management Limited Act 1990
127 Subsection 3(2)
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
128 Subsection 7(3)
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
129 Subsection 8(1) (definition of minimum
share capital)
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
130 Section 18
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
Commonwealth Serum
Laboratories Act 1961
131 Section 5
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
132 Subsection 8(5)
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
133 Sections 16, 17 and
18
Repeal the sections, substitute:
For the purposes of Division 2 of Part 5.6 of the
Corporations Act 2001, a person is not a past member of CSL merely
because he or she was a member of the CSL Commission, or acted as a member of
the Commission, before the commencement of this Part.
134 Section 19
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
135 Subsection 19B(1) (definition of
administering body)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
136 Subsection 19B(1) (definition of
associate)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
137 Subsection 19B(1) (paragraphs (a) and
(b) of the definition of associate)
Omit “that Law”, substitute “that Act”.
138 Subsection 19B(1) (definition of
Corporations Law)
Repeal the definition.
139 Subsection 19B(1) (definition of register
of members)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
140 Subsection 19B(1) (definition of voting
share)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
141 Subsection 19B(3)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
142 Subsection 19B(3)
Omit “that Law”, substitute “that Act”.
143 Subsection 19D(3) (definition of
resolution)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
144 Subsection 19D(3) (definition of special
resolution)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
145 Section 19Z
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Note: The heading to section 19Z is altered by omitting
“Law” and substituting
“Act”.
Commonwealth
Superannuation Board Act 2001
146 Subsection 10(8)
Omit “Corporations Law from managing a corporation (within the
meaning of that Law)”, substitute “Corporations Act 2001 from
managing a corporation (within the meaning of that Act)”.
147 Paragraph 4AB(3)(b)
Repeal the paragraph.
148 The Dictionary in the Criminal Code
(subparagraph (a)(iii) of the definition of Commonwealth
Authority)
Repeal the subparagraph, substitute:
(iii) the Corporations Act 2001; or
149 The Dictionary in the Criminal Code
(subparagraph (n)(iii) of the definition of Commonwealth public
official)
Repeal the subparagraph, substitute:
(iii) the Corporations Act 2001; or
150 The Dictionary in the Criminal Code
(subparagraph (r)(iii) of the definition of Commonwealth public
official)
Repeal the subparagraph, substitute:
(iii) the Corporations Act 2001; or
Crown Debts (Priority) Act
1981
151 Section 4
Omit “Companies Act 1981 or in the Corporations Act
1989”, substitute “Corporations Act
2001”.
152 Paragraph 67EB(4)(c)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
153 Paragraph 67EB(4)(d)
Omit “that Law”, substitute “that Act”.
154 Paragraph 77K(3)(d)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
155 Paragraph 77K(3)(e)
Omit “that Law”, substitute “that Act”.
156 Subparagraph
77N(2)(c)(iii)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
157 Subparagraph
77N(2)(c)(iv)
Omit “that Law”, substitute “that Act”.
158 Paragraph 81(3)(ca)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
159 Paragraph 81(3)(cb)
Omit “that Law”, substitute “that Act”.
160 Subparagraph
82(1)(ba)(iii)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
161 Subparagraph
82(1)(ba)(iv)
Omit “that Law”, substitute “that Act”.
162 Paragraph 183CC(4A)(ca)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
163 Paragraph 183CC(4A)(cb)
Omit “that Law”, substitute “that Act”.
164 Subparagraph
183CG(1)(c)(ii)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
165 Subparagraph
183CG(1)(c)(iii)
Omit “that Law”, substitute “that Act”.
166 Paragraph 94A(5)(b)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Defence Housing Authority
Act 1987
167 Subsection 3(2)
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
Education Services for
Overseas Students Act 2000
168 Subsection 6(2)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
169 Paragraph 9(6)(f)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
170 Paragraph 80(2)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
171 Paragraph 80(2)(b)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Environment Protection and
Biodiversity Conservation Act 1999
172 Section 526
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Equal Opportunity for
Women in the Workplace Act 1999
173 Paragraph 3(2)(b)
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
174 Subsection 8(3)
Omit “Corporations Law and the ASIC Law”, substitute
“Corporations Act 2001 and the Australian Securities and
Investments Commission Act 2001”.
175 Part 1 of the Dictionary (definition of
Commonwealth owned body corporate)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
176 Paragraph 39C(e)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
177 Subparagraph
39D(1)(f)(iv)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
178 Subparagraph
39D(1)(f)(v)
Omit “that Law”, substitute “that Act”.
Export Market Development
Grants Act 1997
179 Paragraphs 6(1)(b) and
15(1)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
180 Subsection 16(2) (paragraph (a) of the
definition of relevant offence)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
181 Paragraph 78(1)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
182 Section 107 (definition of
company)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
183 Section 107 (definition of related
company)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Federal Airports
Corporation Act 1986
184 Subsection 3(3)
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
Federal Proceedings
(Costs) Act 1981
185 Subsection 14(2)
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
Film Licensed Investment
Company Act 1998
186 Paragraph 15(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Financial Corporations
(Transfer of Assets and Liabilities) Act 1993
187 Section 3 (definition of
subsidiary)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
188 Paragraph 6(b)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
189 Paragraph 7(5)(b)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Financial Corporations Act
1974
190 Subsection 7(1)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Financial Sector
(Collection of Data) Act 2001
191 Subsection 34(1)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Financial Sector
(Transfers of Business) Act 1999
192 Subsection 4(1) (paragraph (a) of the
definition of established)
Repeal the paragraph, substitute:
(a) it is registered under the Corporations Act 2001 and is taken,
under section 119A or subsection 1378(4) of that Act, to be registered in
that State or Territory; or
193 Subsection 4(1) (paragraph (b) of the
definition of established)
Omit “otherwise”.
194 Subsection 39(2)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Financial Transaction
Reports Act 1988
195 Section 3 (definition of FTR
information)
Repeal the definition, substitute:
FTR information means information obtained by the Director
under Part II and includes information included in a notice under
subsection 18(8A) or 22(1) or in a copy of a record given under subsection
24(5).
196 Subsection 3(1) (definition of futures
broker)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
197 Subsection 3(1) (definition of securities
dealer)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
198 Paragraph 27(9)(b)
Omit “Australian Securities and Investments Commission Act
1989”, substitute “Australian Securities and Investments
Commission Act 2001”.
199 Subsection 31F(9)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
200 Subsection 46(6)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
201 Subsection 3(1) (definition of
ASC)
Repeal the definition.
202 Subsection 3(1)
Insert:
ASIC means the Australian Securities and Investments
Commission.
203 Paragraph 28(b)
Repeal the paragraph, substitute:
(b) is a proceeding under the Corporations Act 2001 or the
Australian Securities and Investments Commission Act 2001 in which ASIC
is a party.
204 Section 29
Omit “the ASC”, substitute “ASIC”.
205 Subsection 35(1)
Omit “the ASC” (wherever occurring), substitute
“ASIC”.
Foreign Proceedings
(Excess of Jurisdiction) Act 1984
206 Subsection 3(4)
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
Fringe Benefits Tax
Assessment Act 1986
207 Subsection 136(1) (paragraph (hb) of
the definition of fringe benefit)
Omit “Corporations Law”, substitute
“Corporations Act 2001”.
208 Subsection 136(1) (paragraph (ea) of
the definition of trustee)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
209 Subsection 136(1) (paragraph (eb) of
the definition of trustee)
Omit “that Law”, substitute “that Act”.
Health Insurance
Commission (Reform and Separation of Functions) Act
1997
210 Section 4 (definition of voting
shares)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
211 Subsection 5(2)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
212 Subsection 17(8)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
213 Subsection 34(6)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
214 Section 45
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Note: The heading to section 45 is altered by omitting
“Law” and substituting
“Act”.
215 Subsection 47(4)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Hearing Services and AGHS
Reform Act 1997
216 Paragraph 5(2)(a)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
Housing Loans Insurance
Corporation (Transfer of Assets and Abolition) Act 1996
217 Section 3 (definition of
Company)
Omit “Corporations Law of the Australian Capital Territory”,
substitute “Corporations Act 2001”.
218 Subsection 35(1)
Omit “Corporations Law of the Australian Capital Territory”,
substitute “Corporations Act 2001”.
219 Subsection 35(1)
Omit “that Law”, substitute “that Act”.
Income Tax Assessment Act
1936
220 Subsection 26AAC(18B)
Omit “of subsection 7(5) of the Companies Act 1981”,
substitute “of the Corporations Act 2001”.
221 Paragraph 128AE(2)(e)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
222 Subsection 128TK(2)
Omit “Corporations Law of a State or internal Territory”,
substitute “Corporations Act 2001”.
223 Paragraph 128TK(4)(a)
Omit “Corporations Law of a State or internal Territory”,
substitute “Corporations Act 2001”.
224 Subsection 159GZZZC(3)
Omit “Companies Act 1981 or a corresponding law in force in a
State or Territory”, substitute “Corporations Act
2001”.
225 Subsection 160APHBH(2)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
226 Subparagraph
160APHBJ(2)(c)(i)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
227 Subsection 160APHBJ(5)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
228 Section 160AQTC
Omit “Corporations Law”, substitute “Corporations Act
2001”.
229 Section 202A (definition of public
company)
Omit “Companies Act 1981 or a law in force in a State or
Territory that corresponds to that Act”, substitute “Corporations
Act 2001”.
230 Subparagraph
202EC(5)(a)(v)
Repeal the subparagraph, substitute:
(v) in the case of a foreign company within the meaning of the
Corporations Act 2001—a local agent of the company within the
meaning of that Act;
231 Subsection 222AFB(1) (paragraph (a) of
the definition of director)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
232 Subsection 222AFB(1) (definition of
statutory demand)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
233 Subsection 222AFB(1) (definition of
statutory minimum)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
234 Paragraph 222AIB(1)(a)
Omit “Corporations Law of a State or Territory”, substitute
“Corporations Act 2001”.
235 Paragraph 222AIB(1)(b)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
236 Subsection 222AIF(1)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
237 Section 222AII
Omit “Corporations Law of a State or Territory”, substitute
“Corporations Act 2001”.
Note: The heading to section 222AII is altered by
omitting “Law” and substituting
“Act”.
238 Subsection 222ANA(1)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
239 Subsection 222AOA(1)
Omit “Corporations Law of a State or Territory”, substitute
“Corporations Act 2001”.
240 Paragraph 222AOB(1)(c)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
241 Paragraph 222AOB(1)(d)
Omit “that Law”, substitute “that Act”.
242 Paragraph 222AOB(2)(c)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
243 Paragraph 222AOB(2)(d)
Omit “that Law”, substitute “that Act”.
244 Paragraph 222AOBA(1)(c)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
245 Paragraph 222AOBA(1)(d)
Omit “that Law”, substitute “that Act”.
246 Paragraph 222AOBA(2)(c)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
247 Paragraph 222AOBA(2)(d)
Omit “that Law”, substitute “that Act”.
248 Subparagraph
222AOE(b)(iii)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
249 Subsection 222AOF(2) (paragraphs (a)
and (b) of the definition of ASC document)
Omit “Corporations Law of a State or Territory”, substitute
“Corporations Act 2001”.
250 Section 222APA
Omit “Corporations Law of a State or Territory”, substitute
“Corporations Act 2001”.
251 Paragraph 222APB(1)(c)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
252 Paragraph 222APB(1)(d)
Omit “that Law”, substitute “that Act”.
253 Paragraph 222APB(2)(c)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
254 Paragraph 222APB(2)(d)
Omit “that Law”, substitute “that Act”.
255 Subparagraphs 222APE(1)(b)(iii) and
(d)(iii)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
256 Subsection 222AQA(1)
Omit “Corporations Law of a State or Territory”, substitute
“Corporations Act 2001”.
257 Section 222ARA
Omit “Corporations Law of a State or Territory”, substitute
“Corporations Act 2001”.
Note: The heading to section 222ARA is altered by
omitting “Law” and substituting
“Act”.
258 Subparagraph
500(5)(b)(i)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
259 Sub-subparagraph
500(5)(b)(ii)(C)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
260 Subparagraph
507(5)(b)(i)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
261 Sub-subparagraph
507(5)(b)(ii)(C)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
262 Section 568
Omit “Corporations Law”, substitute “Corporations Act
2001”.
263 Section 272-140 of Schedule 2F
(paragraph (d) of the definition of special
company)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Income Tax Assessment Act
1997
264 Section 4-5 (note
2)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
265 Paragraph 86-65(2)(c)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
266 Paragraph 118-510(3)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
267 Subsection 124-520(2)
Omit “Corporations Law of a State or Territory or a similar
*State law,
*Territory law or”, substitute
“Corporations Act 2001 or a similar”.
268 Subsection 124-780(1) (example
2)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
269 Subsection 124-780(2) (note
2)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
270 Paragraphs 166-245(1)(a) and
(b)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
271 Paragraphs 166-245(2)(a) and
(b)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
272 Subsection 375-872(3)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Note: The heading to subsection 375-872(3) is altered by
omitting “Law” and substituting
“Act”.
273 Paragraph 975-100(3)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
274 Subsection 995-1(1) (definition of
relevant interest)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
275 Subsection 995-1(1) (paragraph (a) of
the definition of voting share)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Industry Research and
Development Act 1986
276 Section 39B
Omit “Corporations Law”, substitute “Corporations Act
2001”.
277 Subsection 3(1) (definition of financial
year)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
278 Subsection 3(1) (paragraph (b) of the
definition of securities exchange)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
279 Section 4
Omit “Corporations Law”, substitute “Corporations Act
2001”.
280 Section 4
Omit “that Law”, substitute “that Act”.
281 Subsection 33(7) (definition of
securities)
Omit “prescribed interests as defined in section 9 of the
Corporations Law”, substitute “an interest in a managed investment
scheme as defined in section 9 of the Corporations Act
2001”.
282 Subsection 49G(8)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
283 Subsection 49G(9) (definition of
securities)
Omit “any prescribed interests as defined in section 9 of the
Corporations Law”, substitute “an interest in a managed investment
scheme as defined in section 9 of the Corporations Act
2001”.
284 Subsection 50(1) (definition of
prescribed interest)
Omit “a prescribed interest as defined in section 9 of the
Corporations Law”, substitute “an interest in a managed investment
scheme as defined in section 9 of the Corporations Act
2001”.
285 Subsection 50(1) (paragraph (f) of the
definition of prescribed person)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
286 Subsection 50(1) (paragraph (g) of the
definition of prescribed person)
Omit “that Law”, substitute “that Act”.
287 Section 66 (paragraph (b) of the
definition of qualified corporation)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
288 Subsection 75(10) (definition of
officer)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
289 Subsection 92(5) (definition of official
liquidator)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
290 Subsection 128(3)
Repeal the subsection, substitute:
(3) In this section:
officer has the meaning given by section 9 of the
Corporations Act 2001.
Insurance (Agents and
Brokers) Act 1984
291 Section 9 (paragraph (c) of the
definition of insolvent company under
administration)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
292 Section 9 (paragraph (d) of the
definition of insolvent company under
administration)
Omit “that Law”, substitute “that Act”.
293 Subsection 38(3)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
294 Subsection 38(3)
Omit “that Law”, substitute “that Act”.
295 Paragraph 47(1)(a)
Omit “Australian Securities and Investments Commission Act
1989”, substitute “Australian Securities and Investments
Commission Act 2001”.
296 Section 4 (definition of
Chapter 8 Agreement)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
297 Section 4 (definition of futures
contract)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
298 Section 4 (definition of option
contract)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
299 Section 4 (definition of relevant
agreement)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
300 Paragraph 5(3)(b)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
301 Paragraph 6(3)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
302 Section 9
Repeal the section, substitute:
A reference in this Act to contracts that, under the Corporations Act
2001, are exempt from a law relating to gaming or wagering is a reference to
any of the following:
(a) option contracts covered by subsection 778(1) of that Act;
(b) relevant agreements covered by subsection 778(2) of that
Act;
(c) futures contracts covered by subsection 1141(1) of that Act;
(d) Chapter 8 agreements covered by subsection 1141(2) of that
Act.
International Air Services
Commission Act 1992
303 Subsection 4(1) (definition of
wholly-owned subsidiary)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
304 Section 55I (definition of
company)
Omit “Corporations Law of a State”, substitute
“Corporations Act 2001”.
305 Subparagraph
12B(1)(d)(ii)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
306 Paragraph 12B(5)(c)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
307 Section 16
Omit “Corporations Law”, substitute “Corporations Act
2001”.
308 Paragraph 16C(1)(a)
Omit “Corporations Law of a State or an internal Territory”,
substitute “Corporations Act 2001”.
309 Subsection 16C(2)
Omit “Corporations Law of a State or an internal Territory”,
substitute “Corporations Act 2001”.
310 Subsection 16L(1)
Omit “Corporations Law of a State or an internal Territory”,
substitute “Corporations Act 2001”.
311 Subsection 43(1)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
312 Paragraph 85(2)(a)
Omit “Corporations Law of a State or an internal Territory”,
substitute “Corporations Act 2001”.
313 Paragraph 86(1)(a)
Omit “Corporations Law of a State or internal Territory”,
substitute “Corporations Act 2001”.
314 Subsection 89(3)
Omit “Corporations Law of a State or internal Territory”,
substitute “Corporations Act 2001”.
315 Section 129
Omit “Corporations Law of a State or internal Territory if, in
section 46 of that Law”, substitute “Corporations Act 2001
if, in section 46 of that Act”.
316 Subsection 174(1)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
317 Subsection 174(2)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
318 Paragraph 174(2)(b)
Omit “that Law”, substitute “that Act”.
319 Subsection 174(3)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
320 Subsection 180(2)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
321 Subsection 180(3)
(note)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
322 Section 182
Omit “Corporations Law of a State or internal Territory”,
substitute “Corporations Act 2001”.
Note: The heading to section 182 is altered by omitting
“Law” and substituting
“Act”.
323 Subsection 187(1)
Omit “applicable Corporations Law”, substitute
“Corporations Act 2001”.
324 Subsection 187(1)
Omit “that Law”, substitute “that Act”.
325 Subsection 230F(5)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
326 Section 233A
(note)
Omit “Corporations Law”, substitute
“Corporations Act 2001”.
327 Section 238
Omit “Corporations Law of a State or an internal Territory”,
substitute “Corporations Act 2001”.
328 Paragraph 239(1)(a)
Omit “Corporations Law of a State or an internal Territory”,
substitute “Corporations Act 2001”.
329 Subparagraph
239(1)(b)(ii)
Omit “that Law”, substitute “that Act”.
330 Schedule (paragraph (a) of the
definition of company)
Omit “Corporations Law of a State or an internal Territory”,
substitute “Corporations Act 2001”.
331 Schedule (paragraph (b) of the
definition of company)
Omit “other”.
332 Schedule (paragraph (b) of the
definition of member of staff)
Omit “Australian Securities and Investments Commission Act
1989”, substitute “Australian Securities and Investments
Commission Act 2001”.
333 Schedule (definition of official
liquidator)
Omit “Corporations Law of a State or internal Territory”,
substitute “Corporations Act 2001”.
334 Schedule (definition of securities
exchange)
Omit “Corporations Law of a State or internal Territory”,
substitute “Corporations Act 2001”.
Management and Investment
Companies Act 1983
335 Subsection 33(8)
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
336 Paragraph 42(1)(a)
Repeal the paragraph, substitute:
(a) the Corporations Act 2001; or
337 Subsection 42(2)
Omit “a law referred to in paragraph (a)”, substitute
“the Corporations Act 2001”.
338 Subsection 42(2)
Omit “subsection 5(1) of the Companies Act 1981”,
substitute “the Corporations Act 2001”.
National Environment
Protection Measures (Implementation) Act 1998
339 Section 5 (subparagraph (c)(ii) of
the definition of Commonwealth authority)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
340 Paragraph 7(1)(a)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
Note: The heading to section 7 is altered by omitting
“Law” and substituting
“Act”.
341 Paragraph 7(1)(b)
Omit “applied Corporations Law provision”,
substitute “applied Corporations Act
provision”.
342 Paragraph 7(1)(b)
Omit “the Corporations Law”, substitute “the
Corporations Act 2001”.
343 Subsection 7(2)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
344 Subsection 7(2) (note)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
345 Subsection 7(3)
Omit “an applied Corporations Law provision”, substitute
“an applied Corporations Act provision”.
346 Paragraph 7(3)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
347 Paragraph 7(3)(b)
Omit “applied Corporations Law provision”, substitute
“applied Corporations Act provision”.
348 Subsection 7(4)
Omit “Law”, substitute “Act”.
349 Subsection 7(5)
Omit “applied Corporations Law provision”, substitute
“applied Corporations Act provision”.
350 Subsection 7(5)
Omit “the Corporations Law”, substitute “the
Corporations Act 2001”.
351 Subsection 7(6)
Omit “Law” (wherever occurring), substitute
“Act”.
352 Paragraph 73AAB(a)
Omit “Corporations Law of a State or internal Territory”,
substitute “Corporations Act 2001”.
353 Subsection 74A(10) (paragraph (a) of
the definition of officer)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
354 Subsection 82XB(1)
Omit “the law of each State or Territory”, substitute
“the Commonwealth, State or Territory law”.
355 Paragraph 82XB(2)(b)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
356 Paragraph 82XB(2)(b)
Omit “as a law of the Commonwealth”.
357 Subsection 82XB(3)
Repeal the subsection.
358 Subsections 82XB(4) and
(5)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
359 Paragraph 82XE(1)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
360 Subsection 82XE(4)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
361 Subparagraphs 82XF(1)(b)(i) and
(3)(b)(i)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
362 Subsection 82XQ(1)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
363 Subsection 82XQ(2)
Repeal the subsection, substitute:
(2) For the purposes of section 442F of the Corporations Act
2001 as so applying, sections 128 and 129 of that Act are also taken to
apply, subject to such modifications as are prescribed.
364 Subsections 82XW(1) and
(2)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
365 Subsection 82XX(1)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
366 Subsection 82XZF(1)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
367 Subsection 82XZF(2)
Omit “that Law”, substitute “that Act”.
368 Paragraph 82XZF(3)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
369 Paragraph 82XZF(3)(b)
Omit “that Law”, substitute “that Act”.
370 Subsections 82XZG(1) and
(2)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
371 Subsection 82XZG(2)
(note)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
372 Paragraph 82XZH(1)(b)
Omit “Corporations Law applying as a law of the Commonwealth”,
substitute “Corporations Act 2001”.
373 Paragraph 82XZH(1)(c)
Omit “Corporations Law as so applying”, substitute
“Corporations Act 2001”.
374 Section 82XZI
Omit “Corporations Law”, substitute “Corporations Act
2001”.
375 Paragraph 82XZL(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
376 Subsections 82XZN(1), (2) and
(3)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
377 Subsection 82YB(3)
Omit “Corporations Law of a particular State or internal
Territory”, substitute “Corporations Act
2001”.
378 Subsection 82YB(3)
Omit “Corporations Law of that State or internal Territory”,
substitute “that Act”.
379 Subsection 82YB(5)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
380 Paragraph 82YB(6)(b)
Omit “Corporations Law of a State or internal Territory”,
substitute “Corporations Act 2001”.
381 Subsection 82YF(3)
Omit “Corporations Law, or that Division as applied by another law of
a State or internal Territory,”, substitute “Corporations Act
2001”.
382 Section 82YK
Omit “Corporations Law”, substitute “Corporations Act
2001”.
383 Paragraph 82YL(9)(a)
Repeal the paragraph, substitute:
(a) if the registered organisation is a company incorporated, or taken to
be incorporated, under the Corporations Act 2001—that Act;
or
384 Subsection 82YN(4)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
385 Subparagraph
82YO(1)(b)(i)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
386 Subparagraph
82YT(1)(b)(i)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
387 Subsection 82YZA(1)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
388 Subsection 82YZB(1)
Repeal the subsection, substitute:
(1) Subject to this section, in the winding up of a fund, section 556
of the Corporations Act 2001 applies, but subject to such modifications
as the regulations provide, and the assets of the fund must first be applied in
meeting the debts and claims identified in subsection 556(1) of that Act that
constitute liabilities of the fund, in the order provided for in that
subsection.
389 Paragraph 82YZB(2)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
National Rail Corporation
Agreement Act 1992
390 Paragraph 8(d)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
391 Subsection 13(2)
Omit “Corporations Law of the Australian Capital Territory”,
substitute “Corporations Act 2001”.
392 Subsection 13(2)
Omit “that Law”, substitute “that Act”.
393 Paragraph 13(6)(b)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
394 Subsection 13(7)
Omit “Corporations Law of the Australian Capital Territory”,
substitute “Corporations Act 2001”.
395 Subsection 16(1)
Omit “Corporations Law of the Australian Capital Territory”,
substitute “Corporations Act 2001”.
396 Subsection 16(1)
Omit “that Law”, substitute “that Act”.
National Residue Survey
(Excise) Levy Act 1998
397 Subclause 1(3) of
Schedule 1
Omit “Corporations Law”, substitute “Corporations Act
2001”.
398 Subclause 1(2) of
Schedule 15
Omit “Corporations Law”, substitute “Corporations Act
2001”.
399 Paragraph 51A(1)(a)
Repeal the paragraph, substitute:
(a) under Part 9.2 of the Corporations Act 2001; or
Offshore Minerals
(Registration Fees) Act 1981
400 Paragraph 4(5)(a)
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
401 Subsection 201(11)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Payment Systems and
Netting Act 1998
402 Section 5 (definition of approved
futures clearing house)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
403 Section 5 (definition of approved
special stock market)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
404 Section 5 (paragraphs (a) and (b)
of the definition of external administration)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
405 Section 5 (subparagraph (a)(i) of
the definition of netting market)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
406 Section 5 (paragraph (a) of the
definition of provable)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
407 Section 5 (paragraph (d) of the
definition of specified provisions)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
408 Section 5 (paragraph (a) of the
definition of voidable)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
Pay-roll Tax (Territories)
Assessment Act 1971
409 Section 21A (definition of
corporation)
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
410 Section 21B
Repeal the section, substitute:
For the purposes of this Act, 2 corporations constitute a group if they
are related bodies corporate for the purposes of the Corporations Act
2001.
411 Subsection 21D(3)
Omit “, by virtue of subsection 7(5) of the Companies Act
1981, related to the first-mentioned corporation for the purposes of that
Act,”, substitute “a related body corporate of the first-mentioned
corporation for the purposes of the Corporations Act
2001”.
412 Subsection 21F(2)
Omit “, by virtue of subsection 7(5) of the Companies Act
1981, related to the second-mentioned corporation for the purposes of that
Act”, substitute “a related body corporate of the second-mentioned
corporation for the purposes of the Corporations Act
2001”.
Petroleum Resource Rent
Tax Assessment Act 1987
413 Section 2 (paragraph (ea) of the
definition of trustee)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
414 Section 2 (paragraph (eb) of the
definition of trustee)
Omit “that Law”, substitute “that Act”.
415 Paragraphs 2B(6)(b) and
(7)(d)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Petroleum (Submerged
Lands) Act 1967
416 Subsection 81(8)
Omit “the National Companies and Securities Commission relating to
the creation of that charge pursuant to section 201 of the Companies Act
1981 or pursuant to the corresponding provision of a law of a State or
Territory”, substitute “the Australian Securities and Investments
Commission relating to the creation of that charge under section 263 of the
Corporations Act 2001”.
417 Subsection 81(15)
Omit “201 of the Companies Act 1981”, substitute
“263 of the Corporations Act 2001”.
Petroleum (Submerged
Lands) (Registration Fees) Act 1967
418 Subparagraph 4(4)(a)(i)
Omit “related corporations within the meaning of the Companies Act
1981”, substitute “related bodies corporate within the meaning
of the Corporations Act 2001”.
419 Subparagraph
4(6A)(a)(i)
Omit “related corporations within the meaning of the Companies Act
1981”, substitute “related bodies corporate within the meaning
of the Corporations Act 2001”.
420 Section 3 (definition of Australian
Food Council)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
421 Subsection 9(1)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
422 Subsection 12(4)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
423 Paragraph 33E(2)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
424 Subsection 33V(2) (definition of
tax)
Omit “Corporations Law of a State or Territory”, substitute
“Corporations Act 2001”.
Pooled Development Funds
Act 1992
425 Subsection 4(1) (definition of
company)
Omit “Corporations Law of a State or internal Territory”,
substitute “Corporations Act 2001”.
426 Subsection 4(1) (definition of
director)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
427 Paragraph 4(3)(b)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
428 Subsection 24(4)
Omit “Corporations Law of a State or internal Territory”,
substitute “Corporations Act 2001”.
429 Paragraph 24(8)(a)
Omit “Corporations Law of a State or internal Territory”,
substitute “Corporations Act 2001”.
430 Subsection 30(2)
Omit “Corporations Law of a State or internal Territory”,
substitute “Corporations Act 2001”.
431 Subsection 31(3)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
Primary Industries
(Customs) Charges Act 1999
432 Subclause 1(4) of
Schedule 4
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Primary Industries
(Excise) Levies Act 1999
433 Clause 4 of
Schedule 3
Omit “Corporations Law”, substitute “Corporations Act
2001”.
434 Clause 1 of Schedule 6 (definition
of Federation)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
435 Clause 5 of
Schedule 6
Omit “Corporations Law”, substitute “Corporations Act
2001”.
436 Clause 2 of
Schedule 18
Omit “Corporations Law”, substitute “Corporations Act
2001”.
437 Subsection 6(8)
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
438 Subsection 6(8)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Protection of the Sea (Oil
Pollution Compensation Fund) Act 1993
439 Section 3 (definition of
Corporations Law)
Repeal the definition.
440 Section 8
Omit “Corporations Law”, substitute “Corporations Act
2001”.
441 Paragraph 14(4)(b)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
442 Section 29
Omit “Corporations Law”, substitute “Corporations Act
2001”.
443 Paragraph 35(3)(b)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
444 Subsection 3(1) (definition of voting
share)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
445 Subsection 3(2)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
446 Subsection 7(2)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
447 Subsection 7(2)
Omit “that Law”, substitute “that Act”.
448 Subsection 7(7) (definition of company
name)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
449 Subsection 8(3) (definition of
resolution)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
450 Subsection 8(3) (definition of special
resolution)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
451 Subsection 9(3)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
452 Subsection 9(3)
Omit “that Law”, substitute “that Act”.
453 Subsection 9(4) (definition of register
of members)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
454 Section 13
Omit “Corporations Law of a State or an internal Territory”,
substitute “Corporations Act 2001”.
Note: The heading to section 13 is altered by omitting
“Corporations Law” and substituting “Corporations
Act”.
455 Section 21
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Note: The heading to section 21 is altered by omitting
“Corporations Law” and substituting
“Corporations Act”.
456 Paragraph 37(1)(b)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
457 Subsection 40(4) (definition of
tax)
Omit “Corporations Law of a State or Territory” (wherever
occurring), substitute “Corporations Act 2001”.
458 Subsection 79A(1) (paragraph (b) of the
definition of protected document)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Retirement Savings
Accounts Act 1997
459 Section 16 (definition of
Corporations Law)
Repeal the definition.
460 Section 16 (definition of
director)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
461 Section 16 (definition of member of
the staff of ASIC)
Omit “Australian Securities and Investments Commission Act
1989”, substitute “Australian Securities and Investments
Commission Act 2001”.
462 Subsection 18(1)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
463 Subsection 18(2)
Omit “the Corporations Law” (wherever occurring), substitute
“that Act”.
Safety, Rehabilitation and
Compensation Act 1988
464 Subsection 108Y(4)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Service and Execution of
Process Act 1992
465 Subsection 3(1) (definition of
company)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
466 Subsection 3(1) (definition of registered
body)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
467 Subsections 9(3), (4), (4A), (6), (8) and
(9)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
468 Subsection 9(10)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
469 Subsection 9(11) (definition of
director)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
470 Subsection 9(11) (definition of local
agent)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
471 Subsection 9(11) (definition of official
manager)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
472 Subsection 9(11) (definition of
registered foreign company)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
473 Subsection 9(11) (definition of
registered office)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Snowy Hydro
Corporatisation Act 1997
474 Subsection 5(1) (definition of Snowy
Hydro Company or Company)
Repeal the definition, substitute:
Snowy Hydro Company or Company means the
company incorporated, or to be incorporated, by the name Snowy Hydro
Limited.
475 Subsection 5(2)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
476 Section 50
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Note: The heading to section 50 is altered by omitting
“Corporations Law” and substituting “Corporations
Act”.
477 Subsection 55(1)
Omit “Corporations Law of New South Wales”, substitute
“Corporations Act 2001”.
478 Subsection 55(1)
Omit “that Law”, substitute “that Act”.
Snowy Mountains
Engineering Corporation Limited Sale Act 1993
479 Subsection 3(1) (definition of voting
share)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
480 Subsection 3(2)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
481 Subsection 38(4) (definition of
tax)
Omit “Corporations Law of a State or a Territory” (wherever
occurring), substitute “Corporations Act 2001”.
482 Subsection 10B(2) (definition of
insolvent under administration)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
483 Subsection 14A(1) (paragraph (a) of the
definition of liquid assets)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
484 Subsection 14A(1) (definition of liquid
assets, note 1)
Repeal the note.
485 Subsection 17A(1) (definition of
proprietary company)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
486 Section 19B (paragraph (b) of the
definition of liquid assets)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
487 Section 19B (note)
Repeal the note.
488 Section 1207A (definition of
subsidiary)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
489 Subsection 1207N(8) (definition of
consolidated gross operating revenue)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
490 Subsection 1207N(8) (definition of value
of consolidated gross assets)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
States Grants (Petroleum
Products) Act 1965
491 Subsection 5(4E)
Omit “Companies Act 1981”, substitute
“Corporations Act 2001”.
States Grants (Primary and
Secondary Education Assistance) Act 1996
492 Schedule 9 (paragraphs (a) and (b)
of the definition of qualified accountant)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Stevedoring Levy
(Collection) Act 1998
493 Subsection 8(3) (definition of body
corporate)
Omit “Corporations Law of a State or Territory”, substitute
“Corporations Act 2001”.
494 Subsection 8(3) (definition of related
body corporate)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
495 Subsection 3 (definition of voting
share)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Superannuation Benefits
(Supervisory Mechanisms) Act 1990
496 Paragraph 6(5)(b)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Superannuation Guarantee
(Administration) Act 1992
497 Section 52
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Superannuation Industry
(Supervision) Act 1993
498 Subsection 10(1) (definition of
director)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
499 Section 10 (paragraph (b) of the
definition of member of staff)
Omit “Australian Securities and Investments Commission Act
1989”, substitute “Australian Securities and Investments
Commission Act 2001”.
500 Subsection 12(1)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
501 Subsection 12(2)
Omit “the Corporations Law” (wherever occurring), substitute
“that Act”.
502 Section 20
Omit “Corporations Law”, substitute “Corporations Act
2001”.
503 Subsection 57(4)
Omit “Corporations Law of a State or internal Territory”,
substitute “Corporations Act 2001”.
504 Subsection 66(5) (definition of listed
security)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
505 Section 83A (definition of voting
share)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
506 Subsection 190(1)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Sydney Airport Demand
Management Act 1997
507 Subsection 46(4)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
508 Subsection 61(1)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Taxation Administration
Act 1953
509 Paragraph 8Y(4)(ba)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
510 Paragraph 8Y(4)(bb)
Omit “that Law”, substitute “that Act”.
511 Subparagraph
23(1)(c)(ii)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
512 Subsection 27(5)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Telecommunications
(Interception) Act 1979
513 Subsection 5(1) (definition of
secretary)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
514 Subsection 18(7)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
515 Subsection 61(7)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
516 Section 3 (definition of
constitution)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
517 Section 3 (definition of voting
shares)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
518 Section 5
Omit “Corporations Law”, substitute “Corporations Act
2001”.
519 Paragraph 8AI(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Note: The heading to section 8AI is altered by omitting
“Corporations Law” and substituting “Corporations
Act”.
520 Subsection 8AJ(7) (paragraph (b) of the
definition of securities)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
521 Subsection 8AK(1) (paragraph (b) of the
definition of securities)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
522 Paragraph 8AQ(5)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
523 Paragraphs 8AR(1)(b) and
(c)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
524 Subsections 8AR(2) and
(3)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
525 Subsection 8AT(1)
Omit “Chapter 7 of the Corporations Law”, substitute
“Chapters 6D and 7 of the Corporations Act
2001”.
Note: The heading to section 8AT is altered by omitting
“Corporations Law” and substituting “Corporations
Act”.
526 Subsection 8AT(2)
Repeal the subsection, substitute:
(2) Subsection (1) has effect despite anything in the Corporations
Act 2001.
527 Subsection 8AT(4)
Repeal the subsection, substitute:
(4) For the purposes of subsection (1), if Chapter 6D or 7 of
the Corporations Act 2001 is repealed and replaced by another provision
of that Act that deals with fundraising or securities regulation, the reference
in that subsection to Chapter 6D or 7 of that Act is to be read as a
reference to the replacement provision.
528 Subsection 8AU(4)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
529 Subsection 8AU(5)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
530 Subsection 8AU(6) (definition of
debenture)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
531 Paragraph 8AUA(4)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
532 Subsection 8AV(5)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
533 Subsection 8AV(6)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
534 Paragraph 8AW(5)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
535 Paragraph 8AY(1)(a)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
536 Subsection 8AY(2) (definition of listing
rules)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
537 Subsection 8AY(2) (definition of
securities exchange)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
538 Subsection 8AY(3)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
539 Subsection 8AZ(2) (definition of
debenture)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
540 Subsection 8BS(1)
Omit “Corporations Law of a State or an internal Territory”,
substitute “Corporations Act 2001”.
541 Section 8BY
Omit “Corporations Law”, substitute “Corporations Act
2001”.
542 Subsection 9(6)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
543 Section 32
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Note: The heading to section 32 is altered by omitting
“Corporations Law” and substituting “Corporations
Act”.
544 Subsection 36(3)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
545 Subsection 36(3A)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
546 Subsection 36(3A)
Omit “that Law”, substitute “that Act”.
547 Subsections 36(4) and
(6)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
548 Subsection 36(6)
Omit “that Law”, substitute “that Act”.
Tobacco Advertising
Prohibition Act 1992
549 Section 11
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
550 Section 4 (definition of financial
product)
Omit “Australian Securities and Investments Commission Act
1989”, substitute “Australian Securities and Investments
Commission Act 2001”.
551 Section 4 (definition of financial
service)
Omit “Australian Securities and Investments Commission Act
1989”, substitute “Australian Securities and Investments
Commission Act 2001”.
552 Subsection 26(1)
Omit “Australian Securities and Investments Commission Act
1989”, substitute “Australian Securities and Investments
Commission Act 2001”.
553 Section 44B (definition of
director)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
554 Section 44B (definition of
officer)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
555 Paragraph 51AF(2)(b)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
556 Subsections 73(1) and
(2)
Omit “Australian Securities and Investments Commission Act
1989”, substitute “Australian Securities and Investments
Commission Act 2001”.
557 Paragraph 75AZA(2)(b)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
558 Section 4 (definition of
externally-administered body corporate)
Omit “Corporations Law” (wherever occurring), substitute
“Corporations Act 2001”.
Veterans’
Entitlements Act 1986
559 Subsection 5P(1) (definition of
proprietary company)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
560 Section 52ZO (definition of
subsidiary)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
561 Subsection 52ZZA(8) (definition of
consolidated gross operating revenue)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
562 Subsection 52ZZA(8) (definition of value
of consolidated gross assets)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
563 Section 22K (note)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
564 Section 22KA
Omit “Corporations Law”, substitute “Corporations Act
2001”.
565 Section 22KB
Omit “Corporations Law”, substitute “Corporations Act
2001”.
566 Section 22MA
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Wool International
Privatisation Act 1999
567 Subsection 16(4)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Note: The heading to section 15 is altered by omitting
“Corporations Law” and substituting “Corporations
Act”.
568 Section 28
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Wool Services
Privatisation Act 2000
569 Section 19
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Note: The heading to section 18 is altered by omitting
“Corporations Law” and substituting “Corporations
Act”.
570 Subsection 30(2)
Omit “Corporations Law of the Australian Capital Territory”,
substitute “Corporations Act 2001”.
571 Paragraph 170LB(2)(b)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
572 Section 234 (definition of
debenture)
Omit “Division 7 of Part IV of the Companies Act
1981”, substitute “the Corporations Act
2001”.
573 Section 234 (paragraph (a) of the
definition of interest)
Omit “a prescribed interest made available by the company within the
meaning of the Companies Act 1981”, substitute “an interest
in a managed investment scheme made available by the company within the meaning
of the Corporations Act 2001”.
Workplace Relations
(Registered Organisations) Act 2001
574 Section 45 (definition of
debenture)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
575 Section 45 (paragraph (a) of the
definition of interest)
Omit “Corporations Law”, substitute “Corporations Act
2001”.
Year 2001 Information
Disclosure Act 1999
576 Subsection 11(8)
Omit “Australian Securities and Investments Commission Act
1989”, substitute “Australian Securities and Investments
Commission Act 2001”.
Australian Securities and
Investments Commission Act 2001
1 Subsection 244(1) (definition of
decision)
Omit “Administrative Appeals Tribunal Act 1975”,
substitute “Administrative Review Tribunal Act
2001”.
Note 1: The heading to section 244 is altered by
omitting “Administrative Appeals Tribunal” and substituting
“Administrative Review Tribunal”.
Note 2: If Parts 4 to 10 of the Administrative
Review Tribunal Act 2001 have not commenced before the Corporations Act
2001 commences, this item does not come into operation. See subsection
2(12).
2 Subsection 244(2)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have not commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(12).
3 Paragraph 244A(2)(b)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have not commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(12).
4 Subsection 244A(5)
Omit “special circumstances for the purposes of subsection 29(6) of
the Administrative Appeals Tribunal Act 1975”, substitute
“reasonable circumstances for the purposes of paragraph 142(2)(a) of the
Administrative Review Tribunal Act 2001”.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have not commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(12).
5 At the end of
section 244A
Add:
(6) A decision to which this section applies is not a notifiable decision
for the purpose of section 56 of the Administrative Review Tribunal Act
2001.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have not commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(12).
6 Section 9 (definition of
Tribunal)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have not commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(12).
7 Subsection 164(3)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have not commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(12).
8 Subsection 164(4)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have not commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(12).
9 Subsection 164(7) (note)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have not commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(12).
10 Subsection 656A(1)
Omit “Administrative Appeals Tribunal Act 1975”,
substitute “Administrative Review Tribunal Act
2001”.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have not commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(12).
11 Subsection 657EA(1)
Omit “Administrative Appeals Tribunal Act 1975”,
substitute “Administrative Review Tribunal Act
2001”.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have not commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(12).
12 Subsection 657C(2)
(note)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have not commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(12).
13 Subsection 1297(1)
Omit “sections 41 and 44A of the Administrative Appeals
Tribunal Act 1975”, substitute “sections 121 and 171 of the
Administrative Review Tribunal Act 2001”.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have not commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(12).
14 Part 9.4A of Chapter 9
(heading)
Repeal the heading, substitute:
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have not commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(12).
15 Section 1317A (definition of
decision)
Omit “Administrative Appeals Tribunal Act 1975”,
substitute “Administrative Review Tribunal Act
2001”.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have not commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(12).
16 Subsection 1317B(2)
Omit “Administrative Appeals Tribunal Act 1975”,
substitute “Administrative Review Tribunal Act
2001”.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have not commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(12).
17 Subsection 1317D(5)
Omit “special circumstances for the purposes of subsection 29(6) of
the Administrative Appeals Tribunal Act 1975”, substitute
“reasonable circumstances for the purposes of paragraph 142(2)(a) of the
Administrative Review Tribunal Act 2001”.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have not commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(12).
18 At the end of
section 1317D
Add:
(6) A decision to which this section applies is not a notifiable decision
for the purpose of section 56 of the Administrative Review Tribunal Act
2001.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have not commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(12).
Administrative Review
Tribunal (Consequential and Transitional Provisions) Act
2001
1 Section 5
Repeal the section, substitute:
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(13).
2 Schedule 1 (heading relating to the
Australian Securities and Investments Commission Act
1989)
Repeal the heading, substitute:
Australian Securities and Investments Commission Act
2001
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(13).
3 Schedule 1 (heading relating to the
Corporations Act 1989)
Repeal the heading.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(13).
4 Item 152A
Repeal the item.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(13).
5 Schedule 1 (heading relating to the
Corporations Law)
Repeal the heading, substitute:
Corporations Act 2001
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(13).
6 Schedule 2 (heading relating to the
Australian Securities and Investments Commission Act
1989)
Repeal the heading, substitute:
Australian Securities and Investments Commission Act
2001
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(13).
7 Schedule 2 (heading relating to the
Corporations Act 1989)
Repeal the heading.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(13).
8 Item 88A
Repeal the item.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(13).
9 Schedule 2 (heading relating to the
Corporations Law)
Repeal the heading, substitute:
Corporations Act 2001
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(13).
10 Schedule 3 (heading relating to the
Australian Securities and Investments Commission Act
1989)
Repeal the heading, substitute:
Australian Securities and Investments Commission Act
2001
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(13).
11 Schedule 3 (heading relating to the
Corporations Law)
Repeal the heading, substitute:
Corporations Act 2001
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have commenced before the Corporations Act 2001
commences, this item does not come into operation. See subsection
2(13).
1 Paragraph 300A(1)(a)
Repeal the paragraph, substitute:
(a) discussion of board policy for determining the nature and amount of
emoluments of board members and senior executives of the company; and
2 Subsection 601ED(2)
Repeal the subsection, substitute:
(2) A managed investment scheme does not have to be registered if all the
issues of interests in the scheme that have been made would not have needed
disclosure to investors under Part 6D.2 (see sections 706 and 708) if
the scheme had been registered when the issues were made.
3 Subsection 601FC(1)
(note)
Repeal the note.
4 Subsection 601FC(3)
Omit “section 232”, substitute “section 180,
181, 182, 183 or 184”.
5 At the end of
section 601FC
Add:
(5) A responsible entity who contravenes subsection (1), and any
person who is involved in a responsible entity’s contravention of that
subsection, contravenes this subsection.
Note 1: Section 79 defines
involved.
Note 2: Subsection (5) is a civil penalty provision
(see section 1317E).
(6) A person must not intentionally or recklessly be involved in a
responsible entity’s contravention of subsection (1).
(7) For the purposes of subsection (6), a person is taken to be
reckless if:
(a) the person is aware of a substantial risk that anything done or not
done by the person will constitute a contravention of subsection (6);
and
(b) having regard to the circumstances known to the person, it is
unjustifiable to take the risk.
(8) The question whether taking a risk is unjustifiable is one of
fact.
6 Subsection 601FD(1)
(note)
Repeal the note.
7 Subsection 601FD(2)
Omit “section 232”, substitute “section 180,
181, 182, 183 or 184”.
8 At the end of
section 601FD
Add:
(3) A person who contravenes, or is involved in a contravention of,
subsection (1) contravenes this subsection.
Note 1: Section 79 defines
involved.
Note 2: Subsection (3) is a civil penalty provision
(see section 1317E).
(4) A person must not intentionally or recklessly contravene, or be
involved in a contravention of, subsection (1).
(5) For the purposes of subsection (4), a person is taken to be
reckless if:
(a) the person is aware of a substantial risk that anything done or not
done by the person will constitute a contravention of subsection (4);
and
(b) having regard to the circumstances known to the person, it is
unjustifiable to take the risk.
(6) The question whether taking a risk is unjustifiable is one of
fact.
9 Subsection 601FE(1)
(note)
Repeal the note.
10 Subsection 601FE(2)
Omit “section 232”, substitute “section 180,
181, 182, 183 or 184”.
11 At the end of
section 601FE
Add:
(3) A person who contravenes, or is involved in a contravention of,
subsection (1) contravenes this subsection.
Note 1: Section 79 defines
involved.
Note 2: Subsection (3) is a civil penalty provision
(see section 1317E).
(4) A person must not intentionally contravene, or be involved in a
contravention of, subsection (1).
12 Section 601FG (note
1)
Omit “Note 1:”, substitute “Note:”.
13 Section 601FG (note
2)
Repeal the note.
14 At the end of
section 601FG
Add:
(2) A responsible entity who contravenes subsection (1), and any
person who is involved in a responsible entity’s contravention of that
subsection, contravenes this subsection.
Note 1: Section 79 defines
involved.
Note 2: Subsection (2) is a civil penalty provision
(see section 1317E).
(3) A person must not intentionally be involved in a responsible
entity’s contravention of subsection (1).
15 Subsection 601JD(1)
(note)
Repeal the note.
16 At the end of
section 601JD
Add:
(3) A person who contravenes, or is involved in a contravention of,
subsection (1) contravenes this subsection.
Note 1: Section 79 defines
involved.
Note 2: Subsection (3) is a civil penalty provision
(see section 1317E).
(4) A person must not intentionally or recklessly contravene, or be
involved in a contravention of, subsection (1).
(5) For the purposes of subsection (4), a person is taken to be
reckless if:
(a) the person is aware of a substantial risk that anything done or not
done by the person will constitute a contravention of subsection (4);
and
(b) having regard to the circumstances known to the person, it is
unjustifiable to take the risk.
(6) The question whether taking a risk is unjustifiable is one of
fact.
17 Paragraphs 1317E(1)(f) to (j)
(inclusive)
Repeal the paragraphs, substitute:
(f) subsection 601FC(5) (duties of responsible entity)
(g) subsection 601FD(3) (duties of officers of responsible
entity)
(h) subsection 601FE(3) (duties of employees of responsible
entity)
(i) subsection 601FG(2) (acquisition of interest in scheme by responsible
entity)
(j) subsection 601JD(3) (duties of members)
18 Schedule 3 (table
item 30)
Repeal the item, substitute:
|
30 |
Section 184 |
2,000 penalty units or imprisonment for 5 years, or both. |
19 Schedule 3 (after table
item 163)
Insert:
|
163A |
Subsection 601FC(6) |
2,000 penalty units or imprisonment for 5 years, or both. |
|
163B |
Subsection 601FD(4) |
2,000 penalty units or imprisonment for 5 years, or both |
|
163C |
Subsection 601FE(4) |
2,000 penalty units or imprisonment for 5 years, or both |
20 Schedule 3 (after table
item 164)
Insert:
|
164A |
Subsection 601FG(3) |
2,000 penalty units or imprisonment for 5 years, or both |
|
164B |
Subsection 601JD(4) |
21
Schedule 3 (table item 338)
Repeal the item.