Document ID: chunk:federal_register_of_legislation:C2025C00185:section:5:p3
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 5 (pt 3/4)
Character Range: 65193–67818

provision of the Corporations legislation; and
 (b) a provision of a law of the State or Territory that would, but for this subsection, be inconsistent with the provision of the Corporations legislation.
Note 1: A provision of the State or Territory law is not covered by this subsection if one of the earlier subsections in this section applies to the provision: if one of those subsections applies there would be no potential inconsistency to be dealt with by this subsection.
Note 2: The operation of the provision of the State or Territory law will be supported by section 5E to the extent to which it can operate concurrently with the provision of the Corporations legislation.

Pre‑commencement (commenced) provision
 (12) A provision of a law of a State or Territory is a pre‑commencement (commenced) provision if it:
 (a) is enacted, and comes into force, before the commencement of this Act; and
 (b) is not a provision that has been materially amended after commencement (see subsections (15) to (17)).

Pre‑commencement (enacted) provision
 (13) A provision of a law of a State or Territory is a pre‑commencement (enacted) provision if it:
 (a) is enacted before, but comes into force on or after, the commencement of this Act; and
 (b) is not a provision that has been materially amended after commencement (see subsections (15) to (17)).

Post‑commencement provision
 (14) A provision of a law of a State or Territory is a post‑commencement provision if it:
 (a) is enacted, and comes into force, on or after the commencement of this Act; and
 (b) is not a provision that has been materially amended after commencement (see subsections (15) to (17)).

Provision materially amended after commencement
 (15) A provision of a law of a State or Territory is materially amended after commencement if:
 (a) an amendment of the provision commences on or after the commencement of this Act; and
 (b) neither subsection (16) nor subsection (17) applies to the amendment.
 (16) A provision of a law of a State or Territory is not materially amended after commencement under subsection (15) if the amendment merely:
 (a) changes:
 (i) a reference to the Corporations Law or the ASC or ASIC Law, or the Corporations Law or the ASC or ASIC Law of a State or Territory, to a reference to the Corporations Act or the ASIC Act; or
 (ii) a reference to a provision of the Corporations Law or the ASC or ASIC Law, or the Corporations Law or ASC or ASIC Law of a State or Territory, to a reference to a provision of the Corporations Act or the ASIC Act; or
 (iii) a penalty for a contravention of a provision of a law of a State or