Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p143
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 143/212)
Character Range: 376477–379337

that may be made under subsection (4) include, but are not limited to, regulations providing that a specified provision of this Law or a corresponding previous law of this jurisdiction applies, in relation to prospectuses, subject to modifications specified in those regulations.

  "(6) In this section:

'applied provisions' means the provisions of this Law that are expressed to apply to prospectuses issued before the commencement of this Part.".

Section 1044:

  Repeal the section, substitute:

Application of Division

"1044. Sections 1045 and 1052 to 1060 (inclusive) do not apply in relation to:

   (a) an excluded issue of securities; or

   (b) an excluded offer of securities for subscription or purchase; or

   (c) an excluded invitation to subscribe for or buy securities.".

SCHEDULE 3—continued

Subsection 1063 (1):

  Omit the subsection, substitute:

  "(1) This Division does not apply in relation to:

  (a) an excluded issue of prescribed interests; or

     (b) an excluded offer of prescribed interests for subscription or purchase; or

     (c) an excluded invitation to subscribe for or buy prescribed interests.".

Section 1064:

  Add at the end:

"(8) This section does not apply in relation to a prescribed interest that:

  (a) is an interest in a partnership agreement; and

     (b) was subscribed for or first purchased in this jurisdiction before the relevant day.

  "(9) In subsection (8):

'relevant day', in relation to a jurisdiction, means:

   (a) in the case of New South Wales, Victoria or Queensland—1 January 1972; or

  (b) in the case of Western Australia—15 October 1972; or

  (c) in the case of South Australia—5 October 1972; or

  (d) in the case of Tasmania—1 January 1963; or

  (e) in the case of the Northern Territory—1 July 1986; or

  (f) in the case of the Capital Territory—1 July 1982.".

Section 1068:

  Add at the end:

"(3) A reference in this section to an instrument amending a deed includes a reference to such an instrument made before the commencement of this section, unless a copy of the deed as amended by that instrument has already been lodged under a previous law corresponding to this section.".

Section 1078:

  Add at the end:

"(4) Subsection (1) does not apply in relation to a prescribed invitation or a prescribed offer.".

SCHEDULE 3—continued

Subsection 1079 (1):

Omit "not being an invitation or offer to a person whose ordinary business is the buying or selling of securities, whether as principal or agent,".

After subsection 1079 (3):

  Insert:

"(3a) Subsection (1) does not apply in respect of an invitation or offer that is an excluded invitation or an excluded offer.".

After subparagraph 1274 (2) (a) (i):

  Insert:

      "(ia) a document lodged under a provision of Chapter 7 (other than Part 7.12 or 7.13) or Chapter 8;".

After subsection 1274 (4):