Document ID: chunk:federal_register_of_legislation:C2025C00185:section:5:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 5 (pt 1/4)
Character Range: 60357–63118

5                                            a provision that is materially amended on or after this Act commenced if the amendment is enacted on or after this Act commenced  the State provision as amended is declared by a law of the State or Territory to be a Corporations legislation displacement provision for the purposes of this section (either generally or specifically in relation to the Commonwealth provision)

Note 1: Item 1—subsection (12) tells you when a provision is a pre‑commencement (commenced) provision.
Note 2: Item 1 paragraph (a)—For example, a State or Territory provision enacted after the commencement of the Corporations Law might not have operated despite the Corporations Law if it was not expressly provided that the provision was to operate despite a specified provision, or despite any provision, of the Corporations Law (see, for example, section 5 of the Corporations (New South Wales) Act 1990).
Note 3: Item 2—subsection (13) tells you when a provision is a pre‑commencement (enacted) provision.
Note 4: Item 3—subsection (14) tells you when a provision is a post‑commencement provision.
Note 5: Subsections (15) to (17) tell you when a provision is materially amended after commencement.

State and Territory laws specifically authorising or requiring act or thing to be done
 (4) A provision of the Corporations legislation does not:
 (a) prohibit the doing of an act; or
 (b) impose a liability (whether civil or criminal) for doing an act;
if a provision of a law of a State or Territory specifically authorises or requires the doing of that act.

Instructions given to directors under State and Territory laws
 (5) If a provision of a law of a State or Territory specifically:
 (a) authorises a person to give instructions to the directors or other officers of a company or body; or
 (b) requires the directors of a company or body to:
 (i) comply with instructions given by a person; or
 (ii) have regard to matters communicated to the company or body by a person; or
 (c) provides that a company or body is subject to the control or direction of a person;
a provision of the Corporations legislation does not:
 (d) prevent the person from giving an instruction to the directors or exercising control or direction over the company or body; or
 (e) without limiting subsection (4):
 (i) prohibit a director from complying with the instruction or direction; or
 (ii) impose a liability (whether civil or criminal) on a director for complying with the instruction or direction.
The person is not taken to be a director of a company or body for the purposes of the Corporations legislation merely because the directors of the company or body are accustomed to act in accordance with the person's instructions.

Use of names