Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p130
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 130/212)
Character Range: 343534–346333

of registration under corresponding previous law

"1293. (1) This section applies where a registration (in this section called the 'corresponding registration') of a person under a previous law corresponding to Division 2:

  (a) is cancelled after the commencement of this section; or

     (b) was suspended before, or is suspended at or after, that commencement;

on an application made before that commencement.

"(2) If the corresponding registration is as an auditor, the person's registration under Division 2 as an auditor:

  (a) is taken to be cancelled; or

     (b) is taken to be suspended while the corresponding registration is suspended;

as the case may be.

"(3) If the corresponding registration is as a liquidator, or as a liquidator of a specified body corporate:

   (a) the person's registration under Division 2 as a liquidator; and

     (b) each registration (if any) of the person under Division 2 as a liquidator of a specified body corporate;

are taken to be cancelled, or to be suspended while the corresponding registration is suspended, as the case may be.

"(4) If the corresponding registration is as an official liquidator, the person's registration under Division 2 as an official liquidator is taken to be cancelled, or to be suspended while the corresponding registration is suspended, as the case may be.

"(5) Nothing in this section prevents a person whose corresponding registration was suspended before or at the commencement of this section being taken to be registered under this Division as provided by section 1278, but nothing in that section affects the operation of this section in relation to that suspension.".

After subsection 1308 (3):

  Insert:

"(3a) A person is not liable to be proceeded against for an offence in consequence of a regulation made under section 28 of the Corporations Act 1989 of the Commonwealth, as that regulation applies for the purposes of the Corporations Law of this jurisdiction, as well as for an offence against subsection (2) of this section.".

SCHEDULE 1—continued

After section 1310:

  Insert in Division 2 of Part 9.4:

Offences under 2 or more Corporations Laws

  "1310a. Where:

     (a) an act or omission constitutes an offence under the Corporations Law of this jurisdiction and the Corporations Law of another jurisdiction; and

     (b) the offender has been punished for that offence under the law of the other jurisdiction;

the offender is not liable to be punished for the offence under the law of this jurisdiction.

Civil liability under 2 or more Corporations Laws

"1310b. In a 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