Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p13
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 13/212)
Character Range: 37681–40459

jurisdiction other than the Capital Territory, are administered and enforced on a national basis, in the same way as if those Laws constituted a single law of the Commonwealth; and

  (b) the ASC Law of the Capital Territory, and the ASC Law of

     each jurisdiction other than the Capital Territory, are administered and enforced on a national basis, in the same way as if those Laws constituted a single law of the Commonwealth.

Interpretation

  "38. In this Part:

'authority', in relation to the Commonwealth, includes:

     (a) a body corporate, or an unincorporated body, established for a public purpose by or in accordance with an Act; and

     (b) a court, tribunal or authority established by or in accordance with an Act;

for example:

  (c) the Administrative Appeals Tribunal; and

  (d) the Australian Federal Police;

'corresponding law' means:

     (a) an Act of a jurisdiction (other than the Capital Territory) that corresponds to this Act; or

  (b) regulations made under such an Act; or

     (c) the Corporations Law, Corporations Regulations, ASC Law, or ASC Regulations, or any other applicable provision, of such a jurisdiction; or

  (d) rules of court made because of such an Act;

'officer', in relation to the Commonwealth, includes:

  (a) a Minister; and

  (b) a person holding:

       (i) an office established by or under an Act; or

      (ii) an appointment made under an Act; or

         (iii) an appointment made by the Governor-General or a Minister but not under an Act; and

     (c) a person who is a member or officer of an authority of the Commonwealth; and

     (d) a person who is in the service or employment of the Commonwealth, or of an authority of the Commonwealth, or is employed or engaged under an Act;

for example:

   (e) a member or special member of the Australian Federal Police; and

  (f) the Director of Public Prosecutions; and

  (g) the Ombudsman; and

   (h) the Privacy Commissioner; and

   (j) a Special Prosecutor.

Effect of Part

"39. Nothing in this Part limits the generality of anything else in it.

"Division 2—Offences against applicable provisions

Object

"40. The object of this Division is to further the object of this Part by providing for an offence against an applicable provision of another jurisdiction to be treated in the Capital Territory as if it were an offence against a law of the Commonwealth.

Effect of Division

"41. (1) This Division has effect subject to this Act, the Corporations Law of the Capital Territory and the Australian Securities Commission Act 1989.

"(2) The provisions of subsections 42 (2), (3) and (4) and sections 43 and 44, and any other provision of this Act that has effect for the purposes of any of those provisions, extend to each external