South Australian Numbered Acts South Australian Numbered Acts72—Insertion of section 84 and Schedule 1
After section 83 insert:
84—Relationship with Corporations legislation
(1) The regulations
may declare a matter that is dealt with by this Act or the regulations to be
an excluded matter for the purposes of section 5F of the Corporations Act 2001
of the Commonwealth in relation to—
(a) the
whole of the Corporations legislation; or
(b) a
specified provision of that legislation; or
(c) that
legislation other than a specified provision; or
(d) that
legislation otherwise than to a specified extent.
Note—
Section 5F of the Corporations Act 2001 of the Commonwealth provides that if a
State law declares a matter to be an excluded matter for the purposes of that
section in relation to all or part of the Corporations legislation of the
Commonwealth, then the provisions that are the subject of the declaration will
not apply in relation to that matter in the State concerned.
(2) The regulations
may declare a matter that is dealt with by this Act or the regulations to be
an applied Corporations legislation matter for the purposes of Part 3 of the
Corporations (Ancillary Provisions) Act 2001 in relation to any of the
following (whether with or without modifications):
(a) the
whole of the Corporations legislation;
(b) a
specified Act, regulations or other instrument forming part of the
Corporations legislation;
(c) a
specified provision or provisions of the Corporations legislation or of an
Act, regulations or other instrument forming part of the Corporations
legislation.
Note—
Section 14 of the Corporations (Ancillary Provisions) Act 2001 provides
that Part 3 of that Act applies to a provision of a law of the State if the
provision declares a matter to be an applied Corporations legislation matter
for the purposes of that Part in relation to all or part of the Corporations
legislation of the Commonwealth. Such a declaration cannot be made if all or
part of the Corporations legislation already applies to the matter as a law of
the Commonwealth.
(3) In this
section—
"Corporations legislation" means the whole of the Corporations legislation to
which Part 1.1A of the Corporations Act 2001 of the Commonwealth applies.