Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p69
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 69/212)
Character Range: 181571–184446

provisions were provisions of this Law.

"(4) This section has effect in relation to an order except so far as the contrary intention appears in the order.

Severing invalid provisions

  "111g. (1) An application order is to be interpreted:

  (a) subject to this Law; and

  (b) so as not to exceed the powers conferred by this Part.

"(2) It is intended that where, but for this section, an application order would have been interpreted as exceeding the powers conferred by this Part, the order is nevertheless to be valid in so far as it does not exceed those powers.".

SCHEDULE 1—continued

Amendments of Chapter 2

Section 112:

  Repeal the section, substitute:

Outsize partnerships and associations

"112. (1) An outsize partnership or association must not be formed unless it is incorporated or formed under:

     (a) a law of the Commonwealth or of this or another jurisdiction; or

  (b) letters patent.

"(2) A person must not participate in the formation of an outsize partnership or association unless it is incorporated or formed under:

     (a) a law of the Commonwealth or of this or another jurisdiction; or

  (b) letters patent.

"(3) For the purposes of this section, a partnership or association is outsize if, and only if, it:

     (a) has for one or more of its objects the acquisition of gain by the partnership or association or any of its members; and

  (b) consists of more than:

         (i) if the partnership or association is formed to carry on a profession or calling of a kind specified in an application order—the number of persons specified in the application order in relation to that kind of profession or calling; or

      (ii) in any other case—20 persons.".

Section 113:

  Repeal the section.

Subsection 118 (2):

  Omit the subsection, substitute:

  "(2) The application must:

     (a) state that it is desired to incorporate the company under the Corporations Law of this jurisdiction; and

  (b) contain the prescribed information and matters; and

  (c) be accompanied by:

       (i) in any case—the prescribed documents (if any); and

         (ii) unless subsection (3) applies—the memorandum, and the articles (if any), of the proposed company.".

SCHEDULE 1—continued

Paragraph 120 (1) (b):

Omit "or Part 4.1", substitute ", Part 4.1 or a law corresponding to this Part or Part 4.1".

Paragraph 121 (2) (a):

Insert "of the Corporations Law of this jurisdiction" after "Division".

Paragraph 122 (a):

  Omit "this Act (other than section 155)", substitute "this Law".

Heading to Division 2 of Part 2.2:

  Omit the heading, substitute:

"Division 2—Registration of existing companies".

Section 126:

  Repeal the section, substitute:

Existing companies taken to be registered under this Division

"126. (1) This section applies to each body corporate that was, immediately before the commencement of this