Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p9
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 9/17)
Character Range: 512796–515647

the commencement of section 117 of the Corporate Law Reform Act 1992, the Court made an order under subsection 597(3) of this Law, then section 597 of this Law, as in force before that commencement, continues to apply for the purposes of holding an examination under the order.

"(2) If, before that commencement, an application was made under subsection 597(2) of this Law, then section 597 of this Law, as in force before that commencement, continues to apply for the purposes of:

   (a)     determining, or otherwise disposing of, the application; and

     (b)     holding an examination under an order made under subsection 597(3) on the application.

Application of change to paragraph 1091(1A)(b)

"1387. Paragraph 1091(1A)(b) of this Law, as in force immediately after the commencement of section 160 of the Corporate Law Reform Act 1992, is taken to have commenced on 1 January 1991.

Application of change to section 1301

"1388. If, immediately before the commencement of section 171 of the Corporate Law Reform Act 1992, there was in force a notice lodged by a corporation for the purposes of paragraph 1301(3)(a) of this Law, section 1301 of this Law as in force after that commencement applies as if the notice were a notice lodged for the purposes of paragraph 1301(1)(d) of this Law as in force after that commencement.

Application of Part 9.4B to contravention committed before that Part commenced

  "1389.(1) Subsections (2) and (3) of this section apply where:

   (a) it is alleged or suspected that a person has contravened:

       (i) subsection 232(2), (4), (5) or (6); or

       (ii) subsection 234(5); or

      (iii) subsection 318(1);

     before the commencement of Part 9.4B; and

     (b) the person consents in writing to that Part applying in relation to the contravention.

"(2) The provisions of Part 9.4B (except sections 1317FA, 1317HA, 1317HB, 1317HD and 1317HF) apply in relation to the contravention as if they had been in force when it was committed.

"(3) In the case of a contravention of subsection 232(2), (4), (5) or (6):

     (a)     the provisions of sections 1317HA and 1317HD and subsection 1317HF(1) apply in relation to the contravention as if they had been in force when it was committed; and

     (b)     despite subsection 1375(2), subsection 232(8) does not apply in relation to the contravention.

"(4) Sections 1317DB, 1317DC and 1317DD have effect for the purposes of this section as if this section were in Part 9.4B.

"(5) Except as provided in paragraph (3)(b), this section does not affect the operation of section 1375 or 1378.".

                  SCHEDULE 1 Section 123

             AMENDMENTS OF THE CORPORATIONS LAW CONSEQUENT ON PART 4 OF THIS ACT

Paragraph 67(4)(e):

   Omit the paragraph, substitute:

   "(e) as an administrator of a body corporate; or

      (ea) as