Division 3—Regulations 76 80 Regulations 76 78 Division 1—Staff 78 81 Information previously acquired 78 82 Repealed 78 83 Election to preserve benefits in, or remain in, State superannuation scheme 78 Division 2—Co-operative scheme laws 79 84 Co-operative scheme laws 79 85 National scheme laws prevail over co-operative scheme laws 80 86 Regulations may exclude residual operation of cooperative scheme laws 81 87 Effect of sections 85 and 86 81 88 Regulations may modify co-operative scheme laws 82 89 Co-operative scheme laws not affected by certain Commonwealth regulations 82 90 References to co-operative scheme laws and regulations 82 91 Conferral of functions and powers in relation to cooperative scheme laws 84 92 Arrangements affecting exercise of investigation powers by State authorities and officers 86 Division 3—Exemptions 86 93 Exempt bodies 86 94 Repealed 87 Division 4—Australian Stock Exchange Limited 87 95 Saving of provisions about Australian Stock Exchange Limited 87 Division 5—Companies Auditors and Liquidators Disciplinary Board 88 96 Board to continue in existence for certain purposes 88 Division 6—Amending Acts 89 96A Corporations (Victoria) (Amendment) Act 1995 89 96B Effect of decision that court did not have jurisdiction 89 96C Effect of absence of decision that court did not have jurisdiction 90 96D Application of section 42AA 91
S. 3(1) def. of ASC Law of Victoria amended as ASIC Law of Victoria by No. 37/1999 s. 58(Sch. 1 item 1.2). ASIC Law of Victoria means the provisions applying by reason of section 58; S. 3(1) def. of ASC Regulations amended as ASIC Regulations by No. 37/1999 s. 58(Sch. 1 item 1.2). ASIC Regulations has the meaning given by Part 11; s. 3 S. 3(1) def. of ASC Regulations of Victoria amended as ASIC Regulations of Victoria by No. 37/1999 s. 58(Sch. 1 item 1.2). ASIC Regulations of Victoria means the provisions applying by reason of section 59; authority, in relation to the Commonwealth, has the same meaning as in Part 8 of the Corporations Act; means the and the ; S. 3(1) def. of Commission amended by No. 37/1999 s. 58(Sch. 1 item 1.3(b)). Commission means the Australian Securities and Investments Commission established by the ASIC Act;
Full Court, in relation to a Supreme Court of a State or Territory, includes any court of the State or Territory to which appeals lie from a single judge of that Supreme Court; jurisdiction means a State or the ; law, in relation to the , means a law of or in force in the ; Minister for this jurisdiction means the Minister; modifications includes additions, omissions and substitutions; national scheme law has the meaning given by section 60; S. 3(1) def. of national scheme law of this jurisdiction amended by No. 37/1999 s. 58(Sch. 1 item 1.2). national scheme law of this jurisdiction means: (a) this Act; or (b) the Corporations Law of ; or (c) the ASIC Law of ; NCSC means the National Companies and Securities Commission; officer, in relation to the Commonwealth, has the same meaning as in Part 8 of the Corporations Act; s. 3 S. 3(1) def. of officer of the inserted by No. 22/2000 s. 10(c). officer of the Commonwealth has the same meaning as in section 75(v) of the Constitution of the Commonwealth; State includes the ; S. 3(1) def. of State Family Court inserted by No. 61/1991 s. 5(b). State Family Court, in relation to a State, means a court of that State to which section 41 of the Family Law Act 1975 of the Commonwealth applies because of a Proclamation made under section 41(2) of that Act;
(c) any levy payable under section 1235 of that Law by a contributing member of a futures organisation. (2) An expression has in subsection (1) the meaning it would have if this section were in Part 8.6 of the Corporations Law of Victoria. _______________ Division 1—Preliminary 26 Object s. 26 The object of this Part is to help ensure that— (a) the Corporations Law of Victoria, and the Corporations Law of each jurisdiction other than Victoria, are administered and enforced on a national basis, in the same way as if those Laws constituted a single law of the Commonwealth; and S. 26(b) amended by No. 37/1999 s. 58(Sch. 1 item 1.6). (b) the ASIC Law of Victoria, and the ASC Law of each jurisdiction other than Victoria, are administered and enforced on a national basis, in the same way as if those Laws constituted a single law of the Commonwealth. 27 Effect of Part S. 27(1) amended by No. 37/1999 s. 58(Sch. 1 item 1.6). (1) This Part has effect subject to this Act (in particular Part 9), the Corporations Law of Victoria and the ASIC Law of Victoria. (2) Nothing in this Part limits the generality of anything else in it.
S. 57(4) inserted by No. 100/1995 s. 21. (4) Any money that, immediately before the commencement of section 21 of the Miscellaneous Acts (Omnibus Amendments) Act 1995, stood to the credit of the Companies Liquidation Account is to be paid to the Consolidated Fund. S. 57(5) inserted by No. 100/1995 s. 21. (5) The Consolidated Fund is appropriated to the necessary extent to enable the Treasurer to pay amounts in accordance with subsection (3). __________________ Pt 11 (Heading) amended by No. 43/2001 s. 30(10). ASIC ASIC Pt 11 Div. 1 (Heading) amended by No. 37/1999 s. 58(Sch. 1 item 1.9). Division 1—Application of ASIC Act and ASIC Regulations 58 Application in of the ASIC Act s. 58 S. 58(1) amended by Nos 37/1999 s. 58(Sch. 1 item 1.9), 43/2001 s. 30(8). (1) The ASIC Act as in force immediately before its repeal, other than the excluded provisions— (a) applies as a law of ; and S. 58(1)(b) amended by No. 37/1999 s. 58(Sch. 1 item 1.9). (b) as so applying, may be referred to as the ASIC Law of Victoria. S. 58(2) amended by No. 37/1999 s. 58(Sch. 1 item 1.9). (2) The excluded provisions of the ASIC Act are— Part 1, except section 6A
Part 2 Section 88 Divisions 1 and 4 of Part 4 Part 5 Part 6 Division 1 of Part 7 Part 8 Part 9 Division 1 of Part 10 Division 1 of Part 11 Part 12 Part 14 Sections 251 and 252. S. 59 amended by Nos 37/1999 s. 58(Sch. 1 item 1.9), 43/2001 s. 30(9). 59 Application of regulations s. 59 The regulations in force, immediately before the repeal of the ASIC Act, under section 251 of that Act— S. 59(a) amended by No. 37/1999 s. 58(Sch. 1 item 1.9). (a) apply as regulations in force for the purposes of the ASIC Law of Victoria; and S. 59(b) amended by No. 37/1999 s. 58(Sch. 1 item 1.9). (b) as so applying, may be referred to as the ASIC Regulations of Victoria. 60 Interpretation of some expressions in the ASIC Law, and the ASIC Regulations, of S. 60(1) amended by No. 37/1999 s. 58(Sch. 1 item 1.9). (1) In this Part, and in the ASIC Law, and the ASIC Regulations, of —
S. 60(1) def. of books amended by No. 37/1999 s. 58(Sch. 1 item 1.10(b)). books includes— (a) a register; and (b) financial reports or financial records, however compiled, recorded or stored; and (c) a document; and (d) banker's books; and (e) any other record of information; S. 60(1) def. of Chairperson amended by No. 37/1999 s. 58(Sch. 1 item 1.9). Chairperson means— (a) except in Part 11 of the ASIC Law or in relation to the Disciplinary Board—the Chairperson of the Commission; and (b) in Part 11 of that Law or in relation to the Disciplinary Board—the Chairperson of the Disciplinary Board; s. 60 S. 60(1) def. of Commission amended by Nos 37/1999 s. 58(Sch. 1 item 1.9), 43/2001 s. 30(11). Commission means the Australian Securities and Investments Commission established by section 7 of the ASIC Act; S. 60(1) def. of Commission delegate amended by No. 37/1999 s. 58(Sch. 1 item 1.9). Commission delegate means a person to whom, or a body to which, a function or power is delegated under section 102 of the ASIC Law; contravention, in relation to a law, includes an ancillary offence relating to an offence against that law; S. 60(1) def. of court amended by No. 37/1999 s. 58(Sch. 1 item 1.9). court, except in section 248 of the ASIC Law, includes a tribunal having power to require the production of documents or the answering of questions;
S. 60(1) def. of national scheme law of this jurisdiction amended by No. 37/1999 s. 58(Sch. 1 item 1.9). national scheme law of this jurisdiction means— (a) this Act; (b) the Corporations Law of ; or (c) the ASIC Law of ; S. 60(1) def. of officer amended by No. 12/1995 s. 10. officer, in relation to a body corporate, includes— (a) a director, secretary, executive officer or employee of the body; (b) a receiver, or a receiver and manager, of property of the body; (c) an administrator of the body or an administrator of a deed of company arrangement executed by the body; (d) a liquidator, or a provisional liquidator, of the body; and (e) a trustee or other person administering a compromise or arrangement made between the body and any other person or persons; S. 60(1) def. of Panel amended by No. 37/1999 s. 58(Sch. 1 item 1.9). Panel means the Corporations and Securities Panel established by section 171 of the ASIC Act; s. 60 power includes an authority; S. 60(1) def. of prescribed amended by No. 37/1999 s. 58(Sch. 1 item 1.9). prescribed means prescribed by the ASIC Law or the regulations; President means the President of the Panel; proceeding means— (a) a proceeding in a court; or
of section 109 of the Constitution of the Commonwealth of Australia if the national scheme law were an Act of the Commonwealth. S. 85(4) inserted by No. 43/2001 s. 30(15). (4) In this section— Corporations legislation means the Corporations legislation to which Part 1.1A of the Corporations Act 2001 of the Commonwealth applies. 86 Regulations may exclude residual operation of cooperative scheme laws s. 86 (1) Regulations under section 80 may provide that prescribed provisions of co-operative scheme laws do not operate, either generally or as otherwise prescribed by the regulations. (2) Regulations in force because of subsection (1) have effect accordingly. 87 Effect of sections 85 and 86 (1) To the extent that a co-operative scheme law ceases to operate because of section 85 or 86, the law is taken for the purposes of the Interpretation of Legislation Act 1984 to have been repealed by this Act. (2) Nothing in this Act revives, or otherwise affects the exclusion of, the provisions referred to in section 18(1) of the Companies (Application of Laws) Act 1981 or section 16(1) of the Securities Industry (Application of Laws) Act 1981. S. 87(3) inserted by No. 43/2001 s. 30(16). (3) The amendment of the Companies (Application of Laws) Act 1981 by section 26 of the Corporations (Ancillary Provisions) Act 2001 does not revive, or otherwise affect the exclusion of, the provisions referred to in section 18(1) of the Companies (Application of Laws) Act 1981.
was commenced before the commencement. (3) The amendments made by section 15 of the Federal Courts (Consequential Amendments) Act 2000 also apply in relation to— (a) a decision made before the commencement to prosecute a person for an offence, even if that decision is the subject of an application that is before a court at the commencement; or (b) a related criminal process decision made before the commencement in relation to an offence, even if either or both of the following apply— (i) the decision is the subject of an application that is before a court at the commencement; or (ii) the prosecution of the offence, or an appeal arising out of that prosecution, was commenced before the commencement. Pt 13 Div. 7 (Heading and ss 96E, 96F) inserted by No. 43/2001 s. 31. Division 7—Functions of Commonwealth authorities and officers of the Commonwealth S. 96E inserted by No. 43/2001 s. 31. 96E Definitions s. 96E In this Division— function includes a power; old corporations legislation has the same meaning as in the Corporations (Ancillary Provisions) Act 2001; perform includes exercise.