Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p131
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 131/212)
Character Range: 346123–348990

proceeding under this Law in respect of loss or damage arising out of a contravention of this Law, it is a defence if it is proved:

     (a) that the plaintiff has recovered in respect of the loss or damage in an action brought under the Corporations Law of another jurisdiction; or

   (b) that:

         (i) the plaintiff has brought proceedings under the Corporations Law of another jurisdiction to recover in respect of the loss or damage; and

         (ii) judgment has been entered for the defendant in those proceedings.".

Subsection 1313 (7):

  Omit "this Act", substitute "this Law".

After section 1313:

  Insert:

Offences committed partly in and partly out of the jurisdiction

  "1313a. Where:

     (a) a person does or omits to do an act outside this jurisdiction; and

     (b) if that person had done or omitted to do that act in this jurisdiction, the person would, by reason of also having done or omitted to do an act in the jurisdiction, have been guilty of an offence against this Law;

the person is guilty of that offence.

SCHEDULE 1—continued

Reciprocity in relation to offences

  "1313b. Where:

     (a) a person does or omits to do an act within this jurisdiction; and

     (b) if that person had done or omitted to do that act in another jurisdiction, the person would have been guilty of an offence against a provision of the Corporations Law of another jurisdiction;

the person is guilty of an offence against the corresponding provision of this Law.".

Paragraph 1323 (1) (a):

     (a) Omit "the Commission Act or this Act", substitute "the ASC Law or this Law".

  (b) Omit "Act" (second occurring), substitute "Law".

Paragraph 1323 (1) (b):

  Omit "Act", substitute "Law".

Paragraph 1323 (1) (c):

  Omit "Act", substitute "Law".

Paragraph 1323 (1) (f):

Omit "out of Australia", substitute "out of this jurisdiction, or out of Australia,".

Paragraph 1323 (1) (g):

  Omit the paragraph, substitute:

     "(g) an order prohibiting the taking, sending or transfer by a person of securities, futures contracts or other property of the relevant person, or of an associate of the relevant person:

         (i) from a place in this jurisdiction to a place outside this jurisdiction (including the transfer of securities from a register in this jurisdiction to a register outside this jurisdiction); or

          (ii) from a place in Australia to a place outside Australia (including the transfer of securities from a register in Australia to a register outside Australia);".

Paragraphs 1328 (1) (a) and (b):

  Before "law" insert "previous".

Subsection 1328 (2):

Omit "Act or in a law corresponding to such a provision", substitute "Law or in a corresponding previous law".

SCHEDULE 1—continued

Section 1334:

  Repeal the section.

Section 1337 (definition of "Account"):

  Omit the definition.

Section 1337