Document ID: chunk:federal_register_of_legislation:C2004A03231:schedule:4:p1
Version: federal_register_of_legislation:C2004A03231
Segment Type: schedule
Provision Reference: sch 4 (pt 1/9)
Character Range: 200402–203183

Schedule 4
132. Schedule 4 to the Principal Act is amended by omitting from Forms 3 and 7 "Stock Exchange" and substituting "Securities Exchange".

Further amendments relating to securities exchanges
133. The Principal Act is amended as set out in Schedule 2.

PART IV—AMENDMENTS OF COMPANIES AND SECURITIES (INTERPRETATION AND MISCELLANEOUS PROVISIONS) ACT 1980

Principal Act
134. The Companies and Securities (Interpretation and Miscellaneous Provisions) Act 19803 is in this Part referred to as the Principal Act.

Regard to be had to purpose or object of relevant Act
135. Section 5a of the Principal Act is amended by omitting sub-section (2).

136. After section 5a of the Principal Act the following section is inserted:

Use of extrinsic material in interpretation of relevant Act
"5b. (1) Subject to sub-section (3), in the interpretation of a provision of a relevant Act, if any material not forming part of the relevant Act is capable of assisting in the ascertainment of the meaning of the provision, consideration may be given to that material—
     (a) to confirm that the meaning of the provision is the ordinary meaning conveyed by the text of the provision taking into account its context in the relevant Act and the purpose or object underlying the relevant Act; or

     (b) to determine the meaning of the provision when—
         (i) the provision is ambiguous or obscure; or
         (ii) the ordinary meaning conveyed by the text of the provision taking into account its context in the relevant Act and the purpose or object underlying the relevant Act leads to a result that is manifestly absurd or is unreasonable.
"(2) Without limiting the generality of sub-section (1), the material that may be considered in accordance with that sub-section in the interpretation of a provision of a relevant Act includes—
     (a) all matters not forming part of the relevant Act that are set out in the document containing the text of the relevant Act as printed by the Government Printer;
     (b) any relevant report of the Companies and Securities Law Review Committee that was given to the Ministerial Council before the time when the provision was enacted;
     (c) any relevant report of a Royal Commission, Law Reform Commission, committee of inquiry or other similar body that was laid before either House of the Parliament before the time when the provision was enacted;
     (d) any relevant report of a committee of the Parliament or of either House of the Parliament that was made to the Parliament or that House of the Parliament before the time when the provision was enacted;
     (e) any treaty or other international agreement that is referred to in the relevant Act;
     (f) any explanatory memorandum relating to the Bill containing the provision,