Corporations (Ancillary Provisions) Regulation 2001

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.

Editorial note—

Date of commencement of the Corporations Act 2001 of the Commonwealth: 15.7.2001—see Commonwealth Gazette No S 285 of 13.7.2001.

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):

(a)  the Associations Incorporation Act 1984,

(b)  the Business Names Act 1962,

(c)  the Conveyancing Act 1919,

(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,

(g)  the Gas Industry Restructuring Act 1986,

(h)  the Grain Marketing Act 1991,

(i)  the Legal Profession Act 1987 and the regulations made under that Act,

(j)  the National Rail Corporation (Agreement) Act 1991,

(k)  the National Trust of Australia (New South Wales) Act 1990,

(l)  the Revenue Laws (Reciprocal Powers) Act 1987,

(m)  the Stamp Duties Act 1920,

(n)  the Supreme Court Act 1970,

(o)  the Sydney Turf Club Act 1943,

(p)  the Totalizator Act 1997, the Totalizator Agency Board Privatisation Act 1997, and the regulations made under those Acts,

(q)  the Westpac Banking Corporation Act 1995 and the Westpac Banking Corporation Regulation 1996.

(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.