Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:301:p15
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 301 (pt 15/30)
Character Range: 1913436–1915969

section 40A of the Acts Interpretation Act 1901.

12.1.02  Application of this Chapter to previous governing Codes etc
  A reference in this Chapter to:
 (a) a previous governing Code; or
 (b) a provision of a previous governing Code; or
 (c) an instrument under a previous governing Code; or
 (d) a provision of an instrument under a previous governing Code;
that is applied by or under this Chapter includes a reference to the Code, provision or instrument as varied or modified by or under this Chapter.

12.1.03  Interpretation of applied provisions
 (1) Subregulation (2) applies to a provision of the following instruments:
 (a) a previous governing Code that is applied by or under a provision of this Chapter;
 (b) an instrument made under a Code mentioned in paragraph (a) that is applied by or under this Chapter;
 (c) an ASIC transitional standard within the meaning of Part 12.7 or an instrument made under a provision of the standard.
 (2) This subregulation applies if there is a reference in the provision to any of the following:
 (a) a word or expression that is defined in the Act or these Regulations;
 (b) a power exercised by AFIC or an SSA;
 (c) a class of body;
 (d) the rules of a body;
 (e) the accounts, or group accounts, of a body;
 (f) a previous governing Code or a provision of the Code;
 (g) an ASIC transitional standard within the meaning of Part 12.7 or a provision of the standard;
 (h) an APRA transitional prudential standard or a provision of the standard;
 (i) an instrument made under a Code, an ASIC transitional standard, an APRA transitional prudential standard or a provision of the instrument.
 (3) A word or expression that is defined in the Act or these regulations applies to each use of the word or expression unless the contrary intention appears.
 (4) A reference to a power exercised by AFIC or an SSA is to be read as if it were a reference to an equivalent power exercised by ASIC under the Act, these regulations, another Commonwealth law or an ASIC transitional standard.
 (5) A reference to a class of body is to be read as if it were the comparable class of company after the transition date.
 (6) A reference to the rules of a body is to be read as if it were a reference to the constitution of the body.
 (7) A reference to accounts, or group accounts, of a body is to be read as if it were a reference to a financial report, or consolidated financial statements, of the body.
 (8) A reference to any matter mentioned in subregulation (2) is to be read in a way that:
 (a)