Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p204
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 204/212)
Character Range: 529587–532530

continue the NCSC's hearing, so far as it relates to that matter; and

SCHEDULE 7—continued

         (d) the hearing, as continued by the Commission, is taken to be a hearing under subsection (1).".

Paragraph 53 (1) (a):

  After "national scheme law" insert "of this jurisdiction".

Section 54:

  After "national scheme law" insert "of this jurisdiction".

Paragraph 56 (2) (a):

  After "national scheme law" insert "of this jurisdiction".

Subsection 57 (1):

  After "national scheme law" insert "of this jurisdiction".

Subsection 59 (1):

  After "national scheme laws" insert "of this jurisdiction".

Subsection 61 (2):

  Omit the subsection.

After subsection 62 (1):

  Insert:

"(1a) A delegate of a member has, in the performance or exercise of any delegated function or power in relation to a hearing, the same protection and immunity as a Justice of the High Court.".

Subsection 62 (3):

  Omit "Act", substitute "Law".

Subsection 67 (2):

  After "national scheme law" insert "of this jurisdiction".

Paragraph 68 (2) (a):

Insert "or under a corresponding law of another jurisdiction," after "Part 11,".

Subsection 76 (1):

  Omit "federal".

Subsection 76 (3):

  Omit "federal".

Section 77:

  Omit "federal".

SCHEDULE 7—continued

Subsection 79 (1):

  Omit "federal".

Subsection 80 (1):

  Omit "federal".

Section 81:

     (a) After "Division 1" insert "or a corresponding law of another jurisdiction".

  (b) Omit "federal".

Paragraph 81 (a):

Omit "Corporations Act 1989", substitute "Corporations Law of this jurisdiction".

Before section 84:

  Insert in Division 10 of Part 3:

Exercise of powers etc. for purposes of investigation under corresponding law

"83a. Where an investigation is being conducted under the provisions of a law of another jurisdiction that correspond to this Part, actions may be taken, and powers may be exercised, within this jurisdiction, for the purposes of that investigation as if the investigation were being conducted under this Part.".

Section 86:

Omit all the words before "to leaving" (first occurring), substitute "Section 109x of the Corporations Law of this jurisdiction has effect for the purposes of this Part as if a reference in subparagraph (1) (a) (ii) of that section".

After subsection 88 (1):

  Insert:

"(1a) For the purposes of this Law, an offence under Part III of the Crimes Act 1914 as it applies in relation to an examination or hearing is taken to be an offence against this section.".

Subsection 91 (1):

Omit all the words from and including "Where" to and including "orders:", substitute:

  "Subject to subsection (1a), where:

     (a) a person is convicted of an offence against a law of this jurisdiction in a prosecution; or

SCHEDULE 7—continued

     (b) a judgment is awarded against a person in a proceeding in a court of this jurisdiction;

begun as a result of an investigation under Division 1 or a corresponding law of another