Document ID: chunk:federal_register_of_legislation:C2010C00237:clause:3_69
Version: federal_register_of_legislation:C2010C00237
Segment Type: clause
Provision Reference: sch 3 cl 69
Character Range: 70223–72365

69  Enforcement under Part 10‑3 of the new Act

(1) Section 450‑1 of the new Act applies in relation to a transitional corporation as if:
 (a) the reference in paragraph (a) of that section to the new Act included a reference to this Schedule; and
 (b) the reference in paragraph (b) of that section to the new Act included a reference to the old Act, the corporation's Rules and this Schedule; and
 (c) the reference in subparagraph (c)(i) of that section to the new Act included a reference to this Schedule.

Note 1: This subitem will not extend to an obligation under the old Act that is covered by an exemption under that Act.

Note 2: The operation of section 450‑1 of the new Act is also extended by item 6. That item, for example, treats the reference in subparagraph 450‑1(c)(i) of the new Act to a contravention of the new Act as including a reference to a contravention of the old Act (see item 6 and paragraph (2)(g) of item 1).

(2) Section 453‑1 of the new Act applies in relation to a transitional corporation as if the reference in paragraph (1)(a) of that section to the new Act included a reference to this Schedule.

Note 1: This subitem will not extend to an obligation under the old Act that is covered by an exemption under that Act.

Note 2: The operation of section 453‑1 of the new Act is also extended by item 6. That item, treats the reference in paragraph 453‑1(1)(a) of the new Act to a failure to comply with a provision of the new Act as including a reference to a failure to comply with a provision of the old Act (see paragraph (3)(g) of item 6). It also treats the reference in that paragraph to a failure to comply with a provision of the corporation's constitution as including a failure to comply with a provision of the corporation's Rules (see item 6 and paragraph (2)(f) of item 1).

(3) Without limiting item 4 or 6:
 (a) section 453‑1 of the new Act extends to a transitional corporation's books created before commencement; and
 (b) section 453‑5 of the new Act extends to a transitional corporation's examinable affairs existing before commencement.

(4) Subitems (1) and (2) do not limit item 6.