co-operative scheme law has the meaning given by section 84; Corporations Act means the Corporations Act 1989 of the Commonwealth; Corporations Law has the meaning given by Part 3; Corporations Law of Victoria means the provisions applying by reason of section 7; Corporations Regulations has the meaning given by Part 3; s. 3 Corporations Regulations of Victoria means the provisions applying by reason of section 8; S. 3(1) def. of law amended by No. 37/1999 s. 58(Sch. 1 item 1.2). corresponding law means— (a) an Act of a jurisdiction (other than ) that corresponds to this Act; or (b) regulations made under such an Act; or (c) the Corporations Law, Corporations Regulations, ASIC Law, or ASIC Regulations, or any other applicable provision, of such a jurisdiction; or (d) rules of court made because of such an Act; S. 3(1) def. of Family Court inserted by No. 61/1991 s. 5(a), repealed by No. 22/2000 s. 10(d). * * * * * S. 3(1) def. of Federal Court inserted by No. 61/1991 s. 5(a). Federal Court means the Federal Court of Australia;
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;
S. 42A(2) amended by No. 22/2000 s. 14(5)(b). (2) Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth, jurisdiction is conferred on each State Family Court with respect to civil matters arising under the Corporations Law of Victoria. (3) The jurisdiction conferred on a State Family Court by subsection (2) is not limited by any limits to which any other jurisdiction of the State Family Court may be subject. S. 42A(4) inserted by No. 22/2000 s. 14(6). (4) This section has effect subject to section 42AA. S. 42AA inserted by No. 22/2000 s. 15. 42AA Jurisdiction of Supreme Court in relation to certain decisions made by Commonwealth officers (1) If a decision to prosecute a person for an offence against the Corporations Law of Victoria has been made by an officer or officers of the Commonwealth and the prosecution is proposed to be commenced in a court of Victoria, jurisdiction is conferred on the Supreme Court with respect to any matter in which a person seeks a writ of mandamus or prohibition or an injunction against the officer or officers in relation to that decision. S. 42AA(2) amended by No. 68/2009 s. 97(Sch. item 32.4). (2) At any time when— (a) a prosecution for an offence against the Corporations Law of Victoria is before a court of Victoria; or (b) an appeal arising out of such a prosecution is before a court of Victoria—
proceedings being heard in the same jurisdiction. S. 44(6) inserted by No. 22/2000 s. 17(3). (6) Nothing in this section confers on a court jurisdiction that the court would not otherwise have. S. 44(7) inserted by No. 22/2000 s. 17(3). (7) The fact that some references in this section to the interests of justice include the desirability of related proceedings being heard in the same jurisdiction does not of itself mean that other references to the interests of justice, in this section or elsewhere in this Act, do not include that matter. S. 44(3)–(5) repealed by No. 61/1991 s. 10. * * * * * S. 44A inserted by No. 61/1991 s. 11, amended by No. 22/2000 s. 17(4)(b)(iv) (v). 44A Transfer of proceedings by State Family Courts s. 44A S. 44A(1) amended by No. 22/2000 s. 17(4)(a). (1) This section applies to a proceeding with respect to a civil matter arising under the Corporations Law of Victoria in a State Family Court (in this section called the first court) having jurisdiction under section 42A. S. 44A(2) amended by No. 12/1995 s. 6(2)(b). (2) If it appears to the first court that— S. 44A(2)(a) amended by Nos 12/1995 s. 6(2)(a), 22/2000 s. 17(4)(b)(i). (a) the proceeding arises out of, or is related to, another proceeding pending in another court of a State or of the Capital Territory, and that the court in which the other proceeding is
that Law are limited as provided by section 659C of that Law. (3) Expressions used in this section and in Division 3 of Part 6.10 of Chapter 6 of the Corporations Law of Victoria have the same meanings as in that Division. S. 56B inserted by No. 7/2000 s. 3. 56B Supreme Court—limitation of jurisdiction s. 56A It is the intention of section 56A to alter or vary section 85 of the Constitution Act 1975. _______________ 57 Companies Liquidation Account s. 57 (1) In this section— relevant money means— (a) money that, immediately before the commencement of this section, stood to the credit of the Companies Liquidation Account established by section 428 of the Companies (Victoria) Code; and (b) money that, after the commencement of this section, is paid into the Companies Liquidation Account under provisions of the Companies (Victoria) Code that are taken to continue in force after the commencement of Chapter 5 of the Corporations Law for the purposes of windings up started before the commencement of that Chapter. (2) Relevant money is to be dealt with in accordance with section 427 of the Companies (Victoria) Code.
S. 65(2)(a) amended by No. 37/1999 s. 58(Sch. 1 item 1.9). (a) to be a reference to the ASIC Law, or to the ASIC Regulations, of ; and S. 65(2)(b) amended by No. 37/1999 s. 58(Sch. 1 item 1.9). (b) to include a separate reference to the ASIC Law, or to the ASIC Regulations, of each jurisdiction other than . (3) Subsection (2) has effect except so far as the contrary intention appears in the instrument, or the context of the reference otherwise requires. S. 65(4) amended by No. 37/1999 s. 58(Sch. 1 item 1.9). (4) Without limiting subsection (3), subsection (2) does not apply in relation to a reference expressed as a reference to the ASIC Law, or to the ASIC Regulations, of a jurisdiction. (5) In this section— S. 65(5) def. of instrument amended by No. 68/2009 s. 97(Sch. item 32.9). instrument means— (a) an Act or an instrument made under an Act; or (b) a law of or an instrument made under such a law; or (c) an award or other industrial determination or order, or an industrial agreement; or (d) any other order (whether executive, judicial or otherwise); or (e) a notice, certificate or licence; or (f) an agreement; or (g) an application made, charge-sheet filed, affidavit sworn, or warrant issued, for any purpose; or (h) an indictment, summons or writ; or
74 Application of Commonwealth Crimes Act s. 74 S. 74(1) amended by No. 37/1999 s. 58(Sch. 1 item 1.9). (1) For the purposes of Part 3 of the ASIC Law of Victoria, Part III of the Crimes Act 1914 of the Commonwealth applies as a law of . (2) For the purposes of Part III of the Crimes Act 1914 of the Commonwealth as applying because of subsection (1), an examination or a hearing is a judicial proceeding. S. 74(3) substituted by No. 61/1991 s. 15. (3) For the purposes of a national scheme law of — S. 74(3)(a) amended by No. 37/1999 s. 58(Sch. 1 item 1.9). (a) an offence under Part III of the Crimes Act 1914 of the Commonwealth as applying because of subsection (1) in relation to an examination or hearing, is taken to be an offence against Part 3 of the ASIC Law of Victoria; and S. 74(3)(b) amended by No. 37/1999 s. 58(Sch. 1 item 1.9). (b) an offence under Part III of the Crimes Act 1914 of the Commonwealth as applying, in relation to an examination or hearing held under the ASIC Law of another jurisdiction, as a law of that jurisdiction is taken to be an offence against Part 3 of the ASIC Law of that jurisdiction. S. 75 substituted by No. 12/1995 s. 11. 75 Application of Commonwealth Evidence Act s. 75 S. 75(1) amended by No. 37/1999 s. 58(Sch. 1 item 1.9). (1) For the purposes of Part 3 of the ASIC Law of Victoria, the following provisions of the Evidence Act 1995 of the Commonwealth apply as a law of : Part 2.2 (Documents) section 69 (Exception: business records)
Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981 Companies and Securities (Interpretation and Miscellaneous Provisions) () Code Securities Industry (Application of Laws) Act 1981 Securities Industry () Code Futures Industry (Application of Laws) Act 1986 Futures Industry () Code 85 National scheme laws prevail over co-operative scheme laws s. 85 S. 85(1) amended by No. 43/2001 s. 30(14). (1) This section provides for the national scheme laws of this jurisdiction to supersede the co-operative scheme laws, which are to continue to operate of their own force only in relation to— (a) matters arising before the commencement of this section; and S. 85(1)(b) substituted by No. 61/1991 s. 16. (b) matters arising, directly or indirectly, out of such matters— in so far as the national scheme laws or the Corporations legislation do not deal with those matters. (2) Where a co-operative scheme law is inconsistent with a national scheme law of this jurisdiction, the national scheme law prevails and, to the extent of the inconsistency, the co-operative scheme law does not operate. (3) For the purposes of subsection (2), a co-operative scheme law is inconsistent with a national scheme law if it would be inconsistent within the meaning
(d) a unit on the plan of strata subdivision; or (e) a lot on the plan of cluster subdivision; or (f) a lot on the plan of subdivision— in exchange for or in satisfaction of a right of the kind referred to in section 195(13) of the Corporations Law, does not of itself constitute, and is to be taken never to have constituted, a reduction of the share capital of the company. S. 97(2) inserted by No. 37/1999 s. 58(Sch. 1 item 1.14) (2) Subsection (1) does not apply to a transfer made on or after the commencement of item 1.14 of Schedule 1 of the Financial Sector Reform () Act 1999. __________________ Pt 15 (Heading and ss 98–100) repealed by No. 12/1995 s. 14. * * * * * s. 98 General Information Endnotes Minister's second reading speech Legislative Assembly: 15 November 1990 Legislative Council: 28 November 1990 The long title for the Bill for this Act was "A Bill to apply certain provisions of laws of the Commonwealth relating to corporations, the securities industry and the futures industry as laws of and for other purposes.".