CORPORATIONS ACT 2001 - SECT 1407 References to old corporations legislation in instruments

CORPORATIONS ACT 2001 - SECT 1407

  (1)   Subject to subsection   (2), a reference in, or taken immediately before the commencement to be in, an instrument, other than:

  (a)   an Act of a State, the Australian Capital Territory, the Northern Territory or Norfolk Island; or

  (b)   an instrument made under such an Act;

to:

  (c)   an Act, or to regulations or some other instrument, that is part of the old corporations legislation (whether the reference is in general terms or in relation to a particular State or Territory in this jurisdiction); or

  (d)   to a provision or group of provisions of such an Act, regulations or other instrument;

is taken, after the commencement, to include a reference to the corresponding part, provision or provisions of the new corporations legislation (unless there is no such corresponding part, provision or provisions).

Note:   This section will, for example, apply to:

(a)   a reference in another Commonwealth Act to the Corporations Law; or

(b)   a reference in the Corporations Regulations to the Corporations Law; or

(c)   a reference in a company's constitution to a particular provision of the Corporations Law.

  (2)   The regulations may do either or both of the following:

  (a)   provide that subsection   (1) does not apply in relation to prescribed references in prescribed instruments;

  (b)   provide that subsection   (1) has effect in relation to prescribed references in prescribed instruments as if, in that subsection, the words "to be" were substituted for the words "to include".