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CORPORATIONS (NEW SOUTH WALES) ACT 1990 - SECT 3
Definitions
3 Definitions
(1) In this Act:
"applicable provision" , in relation to a jurisdiction, means a provision of:
(a) the Corporations Law , or Corporations Regulations , of that jurisdiction,
or
(b) the ASIC Law , or ASIC Regulations , of that jurisdiction, or
(c) in
the case of the Capital Territory--a Commonwealth law as applying, of its own
force or because of another Commonwealth law, in relation to: (i) an offence
against, or
(ii) an act, matter or thing arising under or in respect of,
a
provision that, because of any other application or applications of this
definition, is an applicable provision of the Capital Territory or any other
jurisdiction, or
(d) in the case of a jurisdiction other than the
Capital Territory--a Commonwealth law as applying, because of a law of that
jurisdiction, in relation to: (i) an offence against, or
(ii) an act, matter
or thing arising under or in respect of,
a provision that, because of any
other application or applications of this definition, is an
applicable provision of that or any other jurisdiction.
"ASIC Act" means the Australian Securities and Investments Commission Act 1989
of the Commonwealth.
"ASIC Law" has the meaning given by Part 11.
"ASIC Law of New South Wales" means the provisions applying by reason of
section 58.
"ASIC Regulations" has the meaning given by Part 11.
"ASIC Regulations of New South Wales" means the provisions applying by reason
of section 59.
"authority" , in relation to the Commonwealth, has the same meaning as in Part
8 of the Corporations Act.
"Capital Territory" means the Australian Capital Territory and the Jervis Bay
Territory.
"Commission" means the Australian Securities and Investments Commission
established by the ASIC Act.
"Commonwealth administrative laws" means the following: (a) the
Administrative Appeals Tribunal Act 1975 of the Commonwealth (excluding Part
IVA),
(c) the Freedom of Information Act 1982 of the Commonwealth,
(d) the
Ombudsman Act 1976 of the Commonwealth,
(e) the Privacy Act 1988 of the
Commonwealth,
and the provisions of the regulations in force for the time
being under those Acts.
"Commonwealth law" means any of the written or unwritten laws of the
Commonwealth, including laws about the exercise of prerogative powers, rights
and privileges, other than the Corporations Law of the Capital Territory, the
ASIC Law of the Capital Territory or provisions prescribed, for the purposes
of the definition of
"Commonwealth law" in section 4 of the Corporations Act, by regulations under
section 73 of the Corporations Act.
"Commonwealth Minister" has the meaning given to
"the Minister" by section 80A (2) of the Corporations Law .
"co-operative scheme law" has the meaning given by section 84.
"Corporations Act" means the Corporations Act 1989 of the Commonwealth.
"Corporations Law" has the meaning given by Part 3.
"Corporations Law of New South Wales" means the provisions applying by reason
of section 7.
"Corporations Regulations" has the meaning given by Part 3.
"Corporations Regulations of New South Wales" means the provisions applying by
reason of section 8.
"corresponding law" means: (a) an Act of a jurisdiction (other than New South
Wales) that corresponds to this Act, or
(b) regulations made under such an
Act, or
(c) the Corporations Law , Corporations Regulations , ASIC Law , or
ASIC Regulations , or any other applicable provision, of such a jurisdiction,
or
(d) rules of court made because of such an Act.
"Federal Court" means the Federal Court of Australia.
"Full Court" , in relation to a Supreme Court of a State or Territory,
includes any court of the State or Territory to which appeals lie from a
single judge of that Supreme Court.
"jurisdiction" means a State or the Capital Territory.
"law" in relation to the Capital Territory, means a law of or in force in the
Capital Territory.
"Minister for this jurisdiction" means the Minister.
"modifications" includes additions, omissions and substitutions.
"national scheme law" has the meaning given by section 60.
"national scheme law of this jurisdiction" means: (a) this Act, or
(b) the
Corporations Law of New South Wales , or
(c) the ASIC Law of New South Wales
.
"NCSC" means the National Companies and Securities Commission.
"officer" , in relation to the Commonwealth, has the same meaning as in Part 8
of the Corporations Act.
"State" includes the Northern Territory.
"State Family Court" , in relation to a State, means a court of that State to
which section 41 of the Family Law Act 1975 of the Commonwealth applies
because of a Proclamation made under section 41 (2) of that Act.
"Territory" does not include the Northern Territory.
"this jurisdiction" means New South Wales.
(2) In this Act, a reference to a
Commonwealth Act includes a reference to: (a) that Commonwealth Act as amended
and in force for the time being, and
(b) an Act passed in substitution for
that Act.
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