Document ID: chunk:federal_register_of_legislation:C2004A03231:schedule:4:p8
Version: federal_register_of_legislation:C2004A03231
Segment Type: schedule
Provision Reference: sch 4 (pt 8/9)
Character Range: 217907–220704

amended from time to time; and
     (b) where that law has been repealed and re-enacted or remade, with or without modifications, the reference shall be construed as including a reference to the re-enacted or remade law as originally enacted or made and as amended from time to time and, where, in connection with that reference, particular provisions of the repealed law are referred to, being provisions to which provisions of the re-enacted or remade law correspond, the reference to those particular provisions shall be construed as including a reference to those corresponding provisions.".

Heading to Part III
148. The heading to Part III of the Principal Act is omitted and the following heading is substituted:

"PART III—LEGAL PROCEEDINGS".

Insertion of Division heading
149. Before section 34 of the Principal Act the following heading is inserted in Part III:

"Division 1—Offences and Penalties".

150. After section 36 of the Principal Act the following section is inserted:

Effect of alterations of penalties
"36a. (1) Where a relevant Act increases the penalty or maximum penalty for an offence, the penalty or maximum penalty as increased applies only to offences committed after the commencement of the provision of the relevant Act increasing the penalty or maximum penalty.
"(2) Where a relevant Act reduces the penalty or maximum penalty for an offence, the penalty or maximum penalty as reduced extends to offences committed before the commencement of the provision of the relevant Act reducing the penalty or maximum penalty, but the reduction does not affect any penalty imposed before that commencement.".

151. After section 38a of the Principal Act the following Division is inserted in Part III:

"Division 2—Civil Proceedings

Standard of proof
"38b. Where, in proceedings other than proceedings for an offence, it is necessary to establish, or for the Court to be satisfied, for any purpose relating to a matter arising under a relevant Act, that—
     (a) a person has contravened a provision of a relevant Act;
     (b) default has been made in complying with a provision of a relevant Act;
     (c) an act or omission was unlawful by virtue of a provision of a relevant Act; or
     (d) a person has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to a contravention, or a default in complying with, a provision of a relevant Act,
it is sufficient if the matter referred to in paragraph (a), (b), (c) or (d) is established, or the Court is so satisfied, as the case may be, on the balance of probabilities.".

PART V—AMENDMENT OF COMPANIES AND SECURITIES LEGISLATION (MISCELLANEOUS AMENDMENTS) ACT 1983

Principal Act
152. The Companies and Securities Legislation (Miscellaneous Amendments) Act 19834 is in this Part