Commonwealth Numbered Acts

COMPANIES AND SECURITIES (INTERPRETATION AND MISCELLANEOUS PROVISIONS) ACT 1980 No. 68 of 1980 - SECT 9

Division 2-Words and References
9. In any relevant Act, unless the contrary intention appears-



"Act" means an Act passed by the Parliament;



"Agreement" means the Agreement made on 22 December 1978 between the
Commonwealth and the States a copy of which is set out in the Schedule to the
National Companies and Securities Commission Act 1979 or, if that Agreement is
amended or affected by another agreement, that Agreement as so amended or
affected;



"another Territory" means a Territory other than the Australian Capital
Territory;



"Australia" or "the Commonwealth" means the Commonwealth of Australia and,
when used in a geographical sense, does not include an external Territory;



"calendar year" means a period of 12 months commencing on 1 January;



"commencement", in relation to an Act or Ordinance or a provision of an Act or
Ordinance, means the time when the Act or Ordinance, or the provision, as the
case may be, comes into operation;



"Commission" means the National Companies and Securities Commission;



"committed for trial", in relation to a person, means committed to prison with
a view to being tried before a judge and jury, or admitted to bail upon a
recognizance to appear and be tried before a judge and jury;



"Consolidated Revenue Fund" means the Consolidated Revenue Fund of the
Commonwealth;



"constituent documents", in relation to a body, whether corporate or
unincorporate, means-

   (a)  the charter, memorandum or memorandum and articles of the body; and

   (b)  any other instrument or law (other than the Companies Ordinance 1962
        or the corresponding law of a State or another Territory or of another
        country) constituting, or defining the constitution of, the body or
        governing activities or conduct of the body or of its members;



"Constitution" means the Constitution of the Commonwealth;



"Court" means the Supreme Court of the Territory or a Judge of that Court
sitting in Chambers;



"Crown" means the Crown in right of the Commonwealth or of a Territory;



"Executive Council" means the Federal Executive Council;



"external Territory" means a Territory, not being an internal Territory, for
the government of which as a Territory provision is made by any Act;



"financial year", in relation to matters relating to the Consolidated
Revenue Fund or moneys provided by the Parliament or to public taxes or
finance, means the 12 months ending on 30 June;



"Gazette" means the Commonwealth of Australia Gazette;



"High Court" means the High Court of Australia;



"Imperial Act" means an Act passed by the Parliament of the United Kingdom;



"indictment" includes information;



"internal Territory" means the Australian Capital Territory, the Jervis Bay
Territory or the Northern Territory;



"Jervis Bay Territory" means the Territory accepted by the Commonwealth
pursuant to the Jervis Bay Territory Acceptance Act 1915 and described in the
Agreement set out in the Schedule to that Act;



"Judge", in relation to the Supreme Court of the Territory, means a Judge
(including the Chief Judge) appointed under sub-section 7 (1) of the
Australian Capital Territory Supreme Court Act 1933, and includes an
additional Judge appointed under sub-section 7 (2) of that Act;



"land" includes messuages, tenements and hereditaments, corporeal or
incorporeal, of any tenure or description, whatever may be the estate or
interest therein;



"law of the Territory" or "law of the Australian Capital Territory" includes a
law of New South Wales as applying in the Territory;



"magistrate" means a magistrate in respect of whose office an annual salary is
payable;



"Ministerial Council" means the Ministerial Council for Companies and
Securities established by the Agreement;



"Minister" means one of the Queen's Ministers of State for the Commonwealth;



"month" means calendar month;



"Northern Territory" means the Northern Territory of Australia;



"Ordinance" means an Ordinance of the Territory;



"Parliament" means the Parliament of the Commonwealth;



"participating State" means a State that is a party to the Agreement;



"participating Territory" means-

   (a)  if the Northern Territory is a party to the Agreement-the Northern
        Territory; and

   (b)  any external Territory to which the Agreement applies pursuant to
        clause 50 of the Agreement;



"person" and "party" include a body politic or corporate as well as a natural
person;



"prescribed" means prescribed by the relevant Act or by regulations under the
relevant Act;



"Proclamation" means Proclamation by the Governor-General published in the
Gazette;



"property" means any legal or equitable estate or interest (whether present or
future and whether vested or contingent) in real or personal property of any
description and includes things in action;



"regulations" means regulations under the relevant Act;



"State" means a State of the Commonwealth;



"State Act" means an Act passed by the Parliament of a State;



"statutory declaration" means a statutory declaration made by virtue of the
Statutory Declarations Act 1959;



"Territory" means a Territory referred to in section 122 of the Constitution;



"United Kingdom" means the United Kingdom of Great Britain and Northern
Ireland;



"the Minister" means the Minister for the time being administering the Act or
enactment in which or in respect of which the expression is used or, if, for
the time being, different Ministers are administering that Act or enactment in
different respects, each of those Ministers to the extent that he is
administering that Act or enactment in the relevant respect;



"the Territory" or "the Australian Capital Territory" means the Territory
accepted by the Commonwealth pursuant to the Seat of Government Act 1909 and
described in the Second Schedule to that Act.