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

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   PART 6 - (Repealed)
   None

   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)
           None

           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

   98.     (Repealed)
           Schedule 1 (Repealed)
           SCHEDULE 2