Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p26
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 26/212)
Character Range: 70459–73370

Companies Act 1981 that are taken to continue in force after the commencement of Chapter 5 of the Corporations Law for the purposes of windings up started before the commencement of that Chapter.

"(2) Relevant money is to be dealt with in accordance with section 427 of the Companies Act 1981.

Regulations for the purposes of this Act

"73. The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:

     (a) required or permitted by this Act (other than Part 5) to be prescribed; or

     (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act (other than Part 5).

"PART 12—TRANSITIONAL

Co-operative Scheme Acts

"74. For the purposes of this Part, the following are the Co-operative Scheme Acts:

Companies Act 1981

Companies (Fees) Act 1981

Companies (Fees: Taxation Component) Act 1989

Companies (Acquisition of Shares) Act 1980

Companies (Acquisition of Shares—Fees) Act 1980

Companies (Acquisition of Shares—Fees: Taxation Component) Act 1989

Companies and Securities (Interpretation and Miscellaneous Provisions) Act 1980

Companies (Transitional Provisions) Act 1981

Securities Industry Act 1980

Securities Industry (Fees) Act 1980

Securities Industry (Fees: Taxation Component) Act 1989

Futures Industry Act 1986

Futures Industry (Fees) Act 1986

Futures Industry (Fees: Taxation Component) Act 1989.

National scheme laws of the Capital Territory

"75. For the purposes of this Part, the national scheme laws of the Capital Territory are:

   (a) this Act; and

   (b) the Corporations Law of the Capital Territory; and

   (c) the ASC Law of the Capital Territory.

National scheme laws prevail over Co-operative Scheme Acts

"76. (1) This section provides for the national scheme laws of the Capital Territory to supersede the Co-operative Scheme Acts, which are to continue to operate of their own force only in relation to:

   (a) matters arising before those laws commenced; and

   (b) matters arising, directly or indirectly, out of such matters;

in so far as those laws do not deal with those matters.

"(2) Where a Co-operative Scheme Act is inconsistent (within the meaning of section 109 of the Constitution) with a national scheme law of the Capital Territory, that law prevails and, to the extent of the inconsistency, that Act does not operate.

Regulations may exclude residual operation of Co-operative Scheme Acts

"77. (1) Regulations under section 73 may provide that prescribed provisions of Co-operative Scheme Acts do not operate, either generally or as otherwise prescribed by the regulations.

"(2) Regulations in force because of subsection (1) have effect accordingly.

Effect of sections 76 and 77

"78. To the extent that an Act ceases to operate because of section 76 or 77, the Act is taken for the purposes of the Acts Interpretation Act 1901 to have been repealed by this Act.