Document ID: chunk:federal_register_of_legislation:C2006C00150:section:7
Version: federal_register_of_legislation:C2006C00150
Segment Type: section
Provision Reference: s 7
Character Range: 21385–23605

7  Court proceedings and orders

 (1) This section applies to a proceeding, whether criminal or civil, in relation to which all of the following paragraphs are satisfied:
 (a) the proceeding was started in a court before the relevant time;
 (b) the proceeding was:
 (i) under a provision of the old ACT corporations legislation or the old ACT ASIC legislation; or
 (ii) brought as, or connected with, a prosecution for an offence against a provision of the old ACT corporations legislation or the old ACT ASIC legislation;
 (c) the proceeding was not a proceeding to which section 1383 or 1384 of the new Corporations Act, or section 267 or 268 of the new ASIC Act, applies;
 (d) the proceeding had not been concluded or terminated before the relevant time.

 (2) Subject to subsection (3), a proceeding to which this section applies may be continued, and any order made by a court in such a proceeding may be appealed against, reviewed or enforced as if:
 (a) the Corporations Act 1989 and the Australian Securities and Investments Commission Act 1989 had not been repealed; and
 (b) the new corporations legislation and the new ASIC legislation had not come into operation.

 (3) Nothing in this Act, or in the Acts Interpretation Act 1901, operates to preserve the effect of an order to which subsection 1383(5) of the new Corporations Act, or subsection 267(5) of the new ASIC Act, applies and, at the relevant time, that order ceases to have effect as an order of the court by which it was made and any proceeding in relation to any such order is terminated by force of this subsection.

 (4) For the avoidance of doubt, Part 9 of the Corporations Act 1989 (which deals with the jurisdiction and procedure of courts) continues to have the same application to a proceeding to which this section applies as it did before the relevant time.

 (5) In this section:

proceeding includes:
 (a) a proceeding by way of appeal against, or otherwise seeking review of, an order made by a court; and
 (b) a proceeding to enforce an order made by a court; and
 (c) any other proceeding in respect of a breach of an order made by a court.

Division 2—Transitional arrangements for the former co‑operative scheme legislation