Commonwealth Repealed Acts

This legislation has been repealed.

CORPORATIONS LAW- SECT 109DA

Exercise of certain powers between passing and commencing of amendments of Law

 
 
(1)
This section applies where an Act (in this
section referred to as the Act concerned), being: 
 
 
 
(a)
an Act enacted on or after the date of
commencement of this section that is not to come into operation immediately
upon its enactment; or

(b)
an Act enacted before the date of commencement of this section
that did not come into operation on or before that date; 

 
results in the amendment of this Law so that this Law, as
amended, will confer power to make an appointment or to make an instrument of
a legislative or administrative character (including rules, regulations or
by-laws).
 
 
(2)
Unless the contrary intention appears,
the power so conferred may be exercised, and anything may be done for the
purpose of enabling the exercise of the power or of bringing the appointment
or instrument into effect, before the Act concerned comes into operation as if
it had come into operation.


(3)
An appointment or instrument made under subsection (2) or, if the
instrument contains a number of provisions, each of those provisions, takes
effect: 
 
 
 
(a)
on the day
on which the Act concerned comes into operation; or

(b)
on the day on which the appointment, instrument or provision, as
the case may be, would have taken effect if the Act concerned had been in
operation when the appointment or instrument was made; 

 
whichever is later.
 
 
(4)
Where a
provision of this Law is to come into operation on a date to be fixed by a
Proclamation or other instrument, the Proclamation or other instrument may be
made and published at any time after the enactment of the originating
provision.


(5)
In subsections (1), (2), (3) and (4): 
 
 
 Act includes a provision or provisions of an
Act.


Law includes a provision or provisions of this Law. 


 
 
(6)
This section applies in relation to a
regulation that results in the amendment of the Corporations Regulations so
that those Regulations, as amended, will confer power to make an appointment
or to make an instrument of a legislative or administrative character, and so
applies as if: 
 
 
 
(a)
the
first-mentioned regulation were an Act; and

(b)
the Corporations Regulations were this Law.