CORPORATIONS (NEW SOUTH WALES) ACT 1990 - As at 18 July 2001 - Act 83 of 1990

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act and purposes
• 2 Commencement
• 3 Definitions
• 4 Australian Capital Territory
• 5 This Act and applicable provisions of New South Wales not to be affected by later State laws
• 6 Operation of other New South Wales laws

PART 2 - THE CORPORATIONS LAW, AND THE CORPORATIONS REGULATIONS, OF NEW SOUTH WALES

• 7 Application in New South Wales of the Corporations Law
• 8 Application of regulations
• 9 Interpretation of some expressions in the Corporations Law, and the Corporations Regulations, of New South Wales
• 10 Interpretation law

PART 3 - CITING THE CORPORATIONS LAW AND THE CORPORATIONS REGULATIONS

• 11 Simpler citation of Corporations Law, and Corporations Regulations, of New South Wales
• 12 References to Corporations Law, and Corporations Regulations, of other jurisdictions
• 13 References to Corporations Law and Corporations Regulations

PART 4 - APPLICATION OF THE CORPORATIONS LAW TO THE CROWN

• 14 Interpretation
• 15 Corporations Law of New South Wales
• 16 Corporations Law of other jurisdictions
• 17 Crown not liable to prosecution
• 18 This Part overrides the prerogative

PART 5 - APPLICATION ORDERS

• 19 Commonwealth Minister to obtain consent of State Minister
• 20 Application orders for ASIC Law

PART 6 - (Repealed)

PART 7 - IMPOSITION OF FEES AND TAXES

• 22 Fees (including taxes) for chargeable matters
• 23 Contributions and levies for fidelity funds of securities exchanges
• 24 Levies for National Guarantee Fund
• 25 Contributions and levies for fidelity funds of futures organisations

PART 8 - NATIONAL ADMINISTRATION AND ENFORCEMENT OF THE CORPORATIONS LAW

Division 1 - Preliminary

• 26 Object
• 27 Effect of Part

Division 2 - Offences against applicable provisions

• 28 Object
• 29 Application of Commonwealth laws in relation to offences against applicable provisions
• 30 Application of Commonwealth laws in relation to offences against applicable provisions of other jurisdictions
• 31 Functions and powers conferred on Commonwealth authorities
• 32 Reference in Commonwealth law to a provision of another law
33. (Repealed)

Division 3 - Administrative law

• 34 Object
• 35 Application of Commonwealth administrative laws in relation to applicable provisions
• 36 Application of Commonwealth administrative laws in relation to applicable provisions of other jurisdictions
• 36A Construction of references to Part IVA of Commonwealth AAT Act
• 37 Functions and powers conferred on Commonwealth authorities
• 38 Reference in Commonwealth administrative law to a provision of another law
39. (Repealed)

PART 9 - JURISDICTION AND PROCEDURE OF COURTS

Division 1 - Vesting and cross-vesting of civil jurisdiction

• 40 Operation of Division
• 41 Interpretation
• 42 Jurisdiction of Federal Court and State and Territory Supreme Courts
• 42A Jurisdiction of Family Court and State Family Courts
• 42AA Jurisdiction of Supreme Court in relation to certain decisions made by Commonwealth officers
• 42B Jurisdiction of lower courts
• 43 Appeals
• 44 Transfer of proceedings
• 44A Transfer of proceedings by Family Court and State Family Courts
• 44AA Transfer of proceedings in lower courts
• 44B Further matters for a court to consider when deciding whether to transfer a proceeding
• 44C Transfer may be made at any stage
• 44D Transfer of documents
• 45 Conduct of proceedings
• 46 Courts to act in aid of each other
• 47 Exercise of jurisdiction pursuant to cross-vesting provisions
• 48 Rights of appearance
• 49 Limitation on appeals
• 50 Enforcement of judgments
• 51 Rules of the Supreme Court
52. (Repealed)
• 52A Rules of a State Family Court

Division 2 - Vesting and cross-vesting of criminal jurisdiction

• 53 Operation of Division
• 54 Interpretation
• 55 Jurisdiction of courts
• 56 Laws to be applied

PART 10 - COMPANIES LIQUIDATION ACCOUNT

• 57 Companies Liquidation Account

PART 11 - THE ASIC LAW, AND THE ASIC REGULATIONS, OF NEW SOUTH WALES

Division 1 - Application of ASIC Act and ASIC Regulations

• 58 Application in New South Wales of the ASIC Act
• 59 Application of regulations
• 60 Interpretation of some expressions in the ASIC Law, and the ASIC Regulations, of New South Wales
• 61 Giving information
• 62 Interpretation law

Division 2 - Citing the ASIC Law and the ASIC Regulations

• 63 Alternative citations of the ASIC Law, and the ASIC Regulations, of New South Wales
• 64 References to ASIC Law, and ASIC Regulations, of another jurisdiction
• 65 References to ASIC Law and ASIC Regulations

Division 3 - The Commission

• 66 Conferral of functions and powers on Commission
67. (Repealed)
• 68 Conferral of other functions and powers for purposes of law in New South Wales
69. (Repealed)

Division 4 - The Panel

• 70 Conferral of functions and powers on the Panel

Division 5 - The Disciplinary Board

• 71 Conferral of functions and powers on the Disciplinary Board

Division 6 - Miscellaneous

• 72 Acting appointments
• 73 Alteration of names and constitutions
• 74 Application of Commonwealth Crimes Act
• 75 Application of Commonwealth Evidence Act

PART 12 - GENERAL

Division 1 - Arrangements

• 76 Definition
• 77 Arrangements relating to applicable provisions
• 78 Notice of arrangement

Division 2 - Penalties and fines

• 79 Application of penalties and fines

Division 3 - Regulations

• 80 Regulations

PART 13 - TRANSITIONAL

Division 1 - Staff

• 81 Information previously acquired
82, 83. (Repealed)

Division 2 - Co-operative scheme laws

• 84 Co-operative scheme laws
• 85 National scheme laws prevail over co-operative scheme laws
• 86 Regulations may exclude residual operation of co-operative scheme laws
• 87 Effect of sections 85 and 86
• 88 Regulations may modify co-operative scheme laws
• 89 Co-operative scheme laws not affected by certain Commonwealth regulations
• 90 References to co-operative scheme laws and regulations
• 91 Conferral of functions and powers in relation to co-operative scheme laws
• 92 Arrangements affecting exercise of investigation powers by State authorities and officers

Division 3 - (Repealed)

Division 4 - Australian Stock Exchange Limited

• 94 Saving of provisions about Australian Stock Exchange Limited

Division 5 - Companies Auditors and Liquidators Disciplinary Board

• 95 Board to continue in existence for certain purposes

Division 6 - Miscellaneous

• 96 References to Corporate Affairs Commission

Division 7 - Amending Acts

• 96A Savings and transitional provisions for amending Acts

Division 8 - Functions of Commonwealth authorities and officers of the Commonwealth

• 96B Definitions
• 96C Functions of Commonwealth authorities and officers of the Commonwealth

PART 14 - PROVISIONS AFFECTING CORPORATIONS LAW

• 97 Certain transfers by companies not to constitute reduction of share capital

PART 15 - AMENDMENT OF ACTS

• SCHEDULE 2