Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p36
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 36/212)
Character Range: 96265–99184

by a particular provision of an instrument made under section 32 of the Corporations Act 1989, as the instrument has effect for the purposes of Parts 3.6 and 3.7 of the

SCHEDULE 1—continued

         Corporations Law of this jurisdiction—the time when that provision took effect;".

Section 9 (definition of "Commission delegate"):

  Omit "Commission Act", substitute 'ASC Law of this jurisdiction".

Section 9 (definition of "company"):

  Omit the definition, substitute:

" 'company' means a company incorporated, or taken to be incorporated, under the Corporations Law of this jurisdiction and:

     (a) in sections 74, 220, 444 and 500, includes a recognised company; and

  (b) in Part 3.5, has a meaning affected by subsection 261 (1); and

     (c) in Part 5.8 (except sections 595 and 596), includes a Part 5.7 body; and

     (d) in Chapter 6, includes a body corporate (other than a prescribed body corporate) that:

         (i) is incorporated, or taken to be incorporated, in this jurisdiction, but not under that Law; and

         (ii) is included in an official list of a securities exchange within the meaning of that Chapter;

     and a Chapter 6 company that is formed in this jurisdiction

     and has a share capital;".

Section 9 (definition of "company limited by shares"):

  Omit the definition, substitute:

" 'company limited by shares' means a company formed on the principle of having the liability of its members limited by the memorandum to the amount (if any) unpaid on the shares respectively held by them;".

Section 9 (paragraph (a) of the definition of "constitution"):

  Omit the paragraph, substitute:

     "(a) in the case of a company, a recognised company or any other body that has a memorandum and articles—the memorandum and articles of the company, recognised company or other body; or".

Section 9 (definition of "corporation"):

  Omit the definition, substitute:

" 'corporation' includes:

     (a) any body corporate, whether incorporated in this jurisdiction or elsewhere; and

  (b) a company; and

  (c) a recognised company; and

SCHEDULE 1—continued

  (d) an unincorporated body that:

       (i) is formed outside this jurisdiction; and

         (ii) under the law of its place of formation, may sue or be sued, or may hold property in the name of its secretary or of an officer of the body duly appointed for that purpose; and

         (iii) does not have its head office or principal place of business in this jurisdiction;

but does not include:

  (e) an exempt public authority; or

  (f) a corporation sole; or

     (g) an exempt body in relation to this jurisdiction as defined by section 66a;".

Section 9 (definition of "Court"):

  Omit the definition, substitute:

" 'Court' means the Federal Court, or the Supreme Court of this or any other jurisdiction, when exercising the jurisdiction of this jurisdiction;".

Section 9 (definition of