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CORPORATIONS (REPEALS, CONSEQUENTIALS AND TRANSITIONALS) ACT 2001 - SECT 4

Definitions

In this Division:

"ACT" means the Australian Capital Territory.

"ACT ASIC Law "has the same meaning as ASIC Law of the Capital Territory had in the Corporations Act 1989 immediately before the relevant time.

"ACT ASIC Regulations "has the same meaning as ASIC Regulations of the Capital Territory had in the Corporations Act 1989 immediately before the relevant time.

"ACT Corporations Law" has the same meaning as Corporations Law of the Capital Territory had in the Corporations Act 1989 immediately before the relevant time.

"ACT Corporations Regulations" has the same meaning as Corporations Regulations of the Capital Territory had in the Corporations Act 1989 immediately before the relevant time.

"ASIC" means the Australian Securities and Investments Commission.

"carried over provision":

(a)
of the old ACT corporations legislation—means a provision of that legislation that:

(i)
was in force immediately before the relevant time; and
(ii)
corresponds to a provision of the new corporations legislation; and
(b)
of the old ACT ASIC legislation—means a provision of that legislation that:

(i)
was in force immediately before the relevant time; and
(ii)
corresponds to a provision of the new ASIC legislation.
"corresponds" has a meaning affected by section 5.

"liability" includes a duty or obligation.

"made" includes issued, given or published.

"new ASIC Act" means the Australian Securities and Investments Commission Act 2001 .

"new ASIC legislation" means:

(a)
the new ASIC Act; and

(b)
the new ASIC Regulations (as amended and in force from time to time) and any other regulations made under the new ASIC Act; and

(c)
the laws of the Commonwealth referred to in subparagraph (a)(ii) and (in relation to the ACT) subparagraph (b)(iii) of the definition of old ASIC legislation in subsection 254(1) of the new ASIC Act, being those laws as they apply after the relevant time; and

(d)
the preserved instruments.

"new ASIC Regulations" means the old ASIC Regulations that, because of section 264 of the new ASIC Act, have effect as if they were made under section 251 of that Act.

"new Corporations Act" means the Corporations Act 2001 .

"new Corporations legislation" means:

(a)
the new Corporations Act; and

(b)
the new Corporations Regulations (as amended and in force from time to time) and any other regulations made under the new Corporations Act; and

(c)
the laws of the Commonwealth referred to (in relation to the ACT) in paragraph (c) of the definition of old corporations legislation in subsection 1371(1) of the new Corporations Act, being those laws as they apply after the relevant time; and

(d)
the preserved instruments.

"new Corporations Regulations" means the old Corporations Regulations that, because of section 1380 of the new Corporations Act, have effect as if they were made under section 1364 of that Act.

"old ACT ASIC Law" means the ACT ASIC Law as in force from time to time before the relevant time.

"old ACT ASIC legislation" means:

(a)
the old ACT ASIC Law and the old ACT ASIC Regulations, and any instruments made under that Law or those Regulations; and

(b)
the Corporations Act 1989 , and any instruments made under that Act, as applying in relation to the old ACT ASIC Law and the old ACT ASIC Regulations from time to time before the relevant time; and

(c)
the laws of the Commonwealth as applying in relation to the old ACT ASIC Law and the old ACT ASIC Regulations from time to time before the relevant time as laws of, or for the government of, the ACT because of Part 8 of the Corporations Act 1989 , and any instruments made under those laws as so applying.

"old ACT ASIC Regulations" means the ACT ASIC Regulations as in force from time to time before the relevant time.

"old ACT Corporations Law" means the ACT Corporations Law as in force from time to time before the relevant time.

"old ACT corporations legislation" means:

(a)
the old ACT Corporations Law and the old ACT Corporations Regulations, and any instruments made under that Law or those Regulations; and

(b)
the Corporations Act 1989 , and any instruments made under that Act , as applying in relation to the old ACT Corporations Law and the old ACT Corporations Regulations from time to time before the relevant time; and

(c)
the laws of the Commonwealth as applying in relation to the old ACT Corporations Law and the old ACT Corporations Regulations from time to time before the relevant time as laws of, or for the government of, the ACT because of Part 8 of the Corporations Act 1989 , and any instruments made under those laws as so applying.

"old ACT Corporations Regulations" means the ACT Corporations Regulations as in force from time to time before the relevant time.

"order", in relation to a court, includes any judgment, conviction or sentence of the court.

"pre-commencement right or liability" means a right or liability, whether civil or criminal, other than a right or liability under an order made by a court before the relevant time or a liability referred to in subsection 1397(4) of the new Corporations Act, that:

(a)
was acquired, accrued or incurred under:

(i)
a carried over provision of the old ACT corporations legislation or the old ACT ASIC legislation; or
(ii)
a provision of the old ACT corporations legislation or the old ACT ASIC legislation that was no longer in force immediately before the relevant time; and
(b)
was in existence immediately before the relevant time.

"preserved instrument" means:

(a)
in relation to the new corporations legislation—an instrument that, because of section 1399 of the new Corporations Act, has effect after the relevant time as if it were made under a provision of the new corporations legislation; and

(b)
in relation to the new ASIC legislation—an instrument that, because of section 275 of the new ASIC Act, has effect after the relevant time as if it were made under a provision of the new ASIC legislation; and

"provision" of a law includes any portion of the law.

"relevant time" means the time when the new Corporations Act, as originally enacted, commences.

"right "includes an interest or status.


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