New South Wales Consolidated Acts

CORPORATIONS (ANCILLARY PROVISIONS) ACT 2001 - SECT 11

11 References to old/new corporations legislation or old/new ASIC legislation

(1) Subject to subsections (2) and (3), a reference in, or taken immediately before the relevant time to be in, an Act, an instrument made under an Act or a law applying as a law of the State by force of an Act to:

(a) a Law, Regulations or instrument of a kind specified in column 1 of the Table in Schedule 1 is taken, at and after the relevant time, to include a reference to the Act, Regulations or instrument of the kind specified opposite it in column 2 of that Table, or

(b) a provision or group of provisions of a Law, Regulations or instrument of a kind specified in column 1 of the Table in Schedule 1 is taken, at and after the relevant time, to include a reference to the corresponding provision or provisions (if any) of the Act, Regulations or instrument of the kind specified opposite it in column 2 of that Table.

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

(a) provide that subsection (1) does not apply in relation to prescribed references, or references of a prescribed kind:

(i) in prescribed Acts or instruments made under Acts, or

(ii) in prescribed laws applying as laws of the State by force of an Act, or

(iii) in Acts, instruments made under Acts, or laws applying as laws of the State by force of an Act, of a prescribed kind,

(b) provide that subsection (1) applies in relation to prescribed references, or references of a prescribed kind:

(i) in prescribed Acts or instruments made under Acts, or

(ii) in prescribed laws applying as laws of the State by force of an Act, or

(iii) in Acts, instruments made under Acts, or laws applying as laws of the State by force of an Act, of a prescribed kind,

as if, in that subsection, the words “to be a reference” were substituted for the words “to include a reference”.

(3) Subsection (1) does not apply in relation to references in, or taken immediately before the relevant time to be in:

(a) the old application Act or the applicable provisions (as defined in that Act) of the State, or

(b) a previous State corporations law or an instrument made under such a law, or

(c) this Act or any regulations made under this Act, or

(d) the Corporations (Consequential Amendments) Act 2001 , or

(e) the Interpretation Act 1987 , or

(f) any other Act, or any provision of an Act, or any kind of Act or provision of an Act, specified by the regulations, or

(g) an instrument made under an Act, or any provision of an instrument made under an Act, or any kind of instrument made under an Act or provision of such an instrument, specified by the regulations, or

(h) a law applying as a law of the State by force of an Act, or any provision of a law applying as a law of the State by force of an Act, or any kind of law applying as a law of the State by force of an Act or provision of such a law, specified by the regulations.

(4) For the purposes of this Act, the regulations may provide that a reference of a specified kind in, or taken immediately before the relevant time to be in, a specified Act or instrument made under an Act or a specified law applying as a law of the State by force of an Act is to be taken to be a reference of the kind specified in relation to the reference in the regulations.

(5) An express reference in an Act, an instrument made under an Act or a law applying as a law of the State by force of an Act to:

(a) an Act, regulations or other instrument forming part of the new corporations legislation or the new ASIC legislation, or

(b) a provision or group of provisions of such an Act, regulations or other instrument,

is taken, in relation to events, circumstances or things that happened or arose at a time before the relevant time, to include (unless the contrary intention appears or the context of the reference otherwise requires) a reference to the corresponding provision or provisions of the old corporations legislation, or the old ASIC legislation, as the case requires, of this jurisdiction and of each other jurisdiction referred to in sections 12 (2) and (3) and 64 (2) and (3) of the old application Act.

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

(a) provide that subsection (5) does not apply in relation to prescribed references, or references of a prescribed kind:

(i) in prescribed Acts or instruments made under Acts, or

(ii) in prescribed laws applying as laws of the State by force of an Act, or

(iii) in Acts, instruments made under Acts, or laws applying as laws of the State by force of an Act, of a prescribed kind,

(b) provide that subsection (5) applies in relation to prescribed references, or references of a prescribed kind:

(i) in prescribed Acts or instruments made under Acts, or

(ii) in prescribed laws applying as laws of the State by force of an Act, or

(iii) in Acts, instruments made under Acts, or laws applying as laws of the State by force of an Act, of a prescribed kind,

as if, in that subsection, the words “of a jurisdiction specified by the regulations” were substituted for the words “of this jurisdiction and of each other jurisdiction referred to in sections 12 (2) and (3) and 64 (2) and (3) of the old application Act”.

Note: See section 11A for certain exceptions to subsections (1) and (5). The exceptions were previously set out in the Corporations (Ancillary Provisions) Regulation 2001 , which has been repealed.