Table Of Contents

Corporations (Consequential Amendments) Act 2001 No 34

An Act to update certain references in Acts and Regulations to previous corporations legislation of this State consequent on the enactment by the Parliament of the Commonwealth of new corporations legislation and new ASIC legislation; to enact provisions to avoid inconsistency between State laws and the Commonwealth Acts; to enact certain transitional provisions; and for other purposes.
1   Name of Act
This Act is the Corporations (Consequential Amendments) Act 2001.
2   Commencement
(1)  Subject to subsections (2)–(4), this Act commences on the commencement of the Corporations Act 2001 of the Commonwealth.
(2)  The following provisions of this Act commence immediately before the commencement of the Corporations Act 2001 of the Commonwealth:
(a)  the amendment made to the Gas Industry Restructuring Act 1986 by Schedule 2.23 [6],
(b)  the amendment made to the Legal Profession Act 1987 by Schedule 2.30 [3],
(c)  the amendments made to the National Trust of Australia (New South Wales) Act 1990 by Schedule 2.39,
(d)  the amendments made to the Sydney Turf Club Act 1943 by Schedule 2.50,
(e)  the amendment made to the Totalizator Act 1997 by Schedule 4.66 [5],
(f)  the amendment made to the Totalizator Agency Board Privatisation Act 1997 by Schedule 4.67 [1].
(3)  If the Home Building Legislation Amendment Act 2001 is enacted after the commencement of the Corporations Act 2001 of the Commonwealth, the amendments made to the former Act by Schedule 4.22 commence on the day on which the former Act is enacted.
(4)  If the Sydney Olympic Park Authority Act 2001 is enacted after the commencement of the Corporations Act 2001 of the Commonwealth, the amendment made to the former Act by Schedule 4.62 commences on the day on which the former Act is enacted.
3   (Repealed)
s 3: Rep 2003 No 82, Sch 3.
schs 1–3: Rep 2003 No 82, Sch 3.
sch 4: Am 2001 No 112, Sch 2.10 [1] [2]. Rep 2003 No 82, Sch 3.
sch 5: Rep 2003 No 82, Sch 3.
sch 6: Rep 2003 No 82, Sch 3.
4   Corporations (Ancillary Provisions) Regulation 2001
(1)  Schedule 7 is taken to be and has effect as a regulation made under the Corporations (Ancillary Provisions) Act 2001.
(2)  Without limiting subsection (1), the regulation set out in Schedule 7 may be amended or repealed under the Corporations (Ancillary Provisions) Act 2001.
(3)  Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to the regulation set out in Schedule 7.
5   Explanatory notes
The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.
Schedules 1–6 (Repealed)
Schedule 7 Corporations (Ancillary Provisions) Regulation 2001
(Section 4)
1   Name of Regulation
This Regulation is the Corporations (Ancillary Provisions) Regulation 2001.
2   Commencement
This Regulation commences on the commencement of the Corporations Act 2001 of the Commonwealth.
3   Definitions
(1)  In this Regulation:
the Act means the Corporations (Ancillary Provisions) Act 2001.
(2)  Notes included in this Regulation do not form part of this Regulation.
4   Provisions in State laws that are not to include reference to corresponding new corporations legislation
(1)  In this clause:
new reference means a reference to:
(a)  the new corporations legislation, or
(b)  the new ASIC legislation, or
(c)  a provision or group of provisions of that legislation.
old reference means a reference to a national scheme law of this jurisdiction.
(2)  Section 11 (1) and (5) of the Act does not apply in relation to any old reference in, or taken immediately before the relevant time to be in, the following Acts and instruments (or provisions of Acts and instruments):
(d)  the Co-operative Housing and Starr-Bowkett Societies Act 1998 and the regulations made under that Act,
(e)  the Co-operatives Act 1992 and the regulations made under that Act,
(f)  the Duties Act 1997,
(i)  the Legal Profession Act 1987 and the regulations made under that Act,
(p)  the Totalizator Act 1997, the Totalizator Agency Board Privatisation Act 1997, and the regulations made under those Acts,
(3)  Section 11 (5) of the Act does not apply to a new reference in a provision of an Act, instrument or law if, immediately before the relevant time, the provision did not expressly refer (or was not taken to be or include) a reference to a corresponding provision of the national scheme law of this jurisdiction.
Note—
Immediately before the relevant time, certain references to the Companies Act 1961 and other corporation laws in force in the State before the co-operative scheme laws did not include references to the national scheme law. Some of these references were replaced in the Corporations (Consequential Amendments) Act 2001 by references to the new corporations legislation and the new ASIC legislation.
(4)  Unless the contrary intention appears or the context of the reference requires otherwise, any new reference in a provision to which subclause (3) applies is taken to include a reference to a previous State corporations law (or provision of such a law) to which it referred immediately before the relevant time in relation to events, circumstances or things that happened or arose before the relevant time.