Tasmanian Numbered Acts
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WATER AND SEWERAGE CORPORATIONS ACT 2008 (NO. 12 OF 2008) - SECT 9
Application of Corporations Act
(1) Each Relevant Corporation and each director, secretary, other
officer or employee of a Relevant Corporation is declared to be an excluded
matter for the purposes of section 5F of the Corporations Act in relation
to (a) the following provisions of the Corporations Act: (i)
sections 180, 181, 182, 183, 184 and 186;
(ii) Part 2M.4;
(iii) Chapter 6;
(iv) Chapter 6A;
(v) Chapter 6B;
(vi) Chapter 6C;
(vii) Chapter 6CA;
(viii)
Chapter 6D;
(ix) Chapter 7;
(x) Chapter 8; and
(b) any other provisions of the
Corporations legislation to the extent specified by the regulations for the
purposes of this subsection.
(2) The appointment and removal of directors of a Corporation (other
than the disqualification of a person from managing a Corporation) are
declared to be excluded matters for the purposes of section 5F of the
Corporations Act in relation to Chapter 2D of that Act.
(3) To the extent that any provision of this Act or the regulations is
incapable of concurrent operation with the Corporations legislation, that
provision is declared to be a Corporations legislation displacement provision
for the purposes of section 5G of the Corporations Act.
(4) The regulations may declare a Relevant Corporation and any matter relating to that Relevant Corporation, to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to (a) the whole of the Corporations legislation; or
(b) an Act, regulations or other instrument forming part of the Corporations legislation; or
(c) a provision or provisions of the Corporations legislation or of an Act, regulations or other instrument forming part of the Corporations legislation.
(5) A provision of the Corporations legislation that is the subject of
any declaration in the regulations has effect, subject to the following
modifications: (a) the provision applies as if the Relevant Corporation were a
proprietary company and a company limited by shares;
(b) the provision applies
as if shares in the Relevant Corporation held by the members were shares held
in the Relevant Corporation as a proprietary company and a company limited by
shares;
(c) such other modifications as may be prescribed by the regulations.
(6) Without limiting subsections (4) and (5) , any regulations
referred to in subsection (4) (a) may specify modifications
to the definitions and other interpretative provisions of the Corporations
legislation relevant to any provision of the Commonwealth legislation that is
the subject of the declaration; and
(b) may provide for the Australian
Securities and Investments Commission (ASIC) to exercise a function under any
provision of the Corporations legislation that is the subject of the
declaration, but only if (i) ASIC is to exercise that function
pursuant to an agreement of the kind referred to in section 11(8) or (9A)(b)
of the Australian Securities and Investments Commission Act 2001 of the
Commonwealth; and
(ii) ASIC is authorised to exercise that function under
section 11 of the Australian Securities and Investments Commission Act 2001 of
the Commonwealth; and
(c) may specify that a reference to ASIC in any
provision of the Corporations legislation that is the subject of the
declaration is to be read as a reference to another person; and
(d) may
identify the provisions of the Corporations legislation to which the
declaration relates by reference to that legislation as in force at a
particular time; and
(e) may specify a court of this State (other than the
Supreme Court) to exercise any function conferred on a court or the Supreme
Court by any provision of the Corporations legislation to which the
declaration relates.
(7) Subsection (6) does not apply to any provision of the Corporations legislation that applies to the Relevant Corporation as a law of the Commonwealth.
(8) Words and expressions used in this section and also in Part 3 of the Corporations (Ancillary Provisions) Act 2001 have the same meanings as they have in that Part.
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