New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(Section 21)
In this Schedule, "appointed day" means the day appointed and notified under section 2 (2).
Notwithstanding the enactment of this Act:
(a) the corporation constituted by this Act is the same legal entity as the corporation continued by clause 5 of Schedule 2 to the Securities Industry (Corporate Affairs Commission) Amendment Act 1979 , and
(b) the corporation so continued further continues as the corporation constituted by this Act,and a reference in any Act, by-law, regulation, order, statutory instrument or other instrument to the Corporate Affairs Commission continued in existence by this Act shall accordingly be construed as a reference to the Corporate Affairs Commission constituted by this Act.
A person who, immediately before the appointed day, held office under section 137 (3) of the Securities Industry Act 1975 :
(a) shall be deemed to have been duly appointed on that day under section 8 (3),
(b) shall be deemed to have been so appointed:(i) upon the same terms and conditions as those applicable to him immediately before that day, and(ii) for the residue of the term of office for which he was appointed, and
(c) is eligible for appointment under section 8 (3) with effect from the expiration of that term of office or from any subsequent time.
The amendments made by sections 143 and 144 of the Securities Industry Act 1975 continue to have force and effect as if those sections had not been repealed by this Act.
In this Part, "the old Commission" means the Corporate Affairs Commission constituted in accordance with this Act as in force before the commencement of the Corporate Affairs Commission (Amendment) Act 1987 .
(1) The corporation constituted by this Act, as amended by the Corporate Affairs Commission (Amendment) Act 1987 , is a continuation of and the same legal entity as the corporation continued by this Act as originally enacted.
(2) A reference in any Act, by-law, regulation, order, statutory or other instrument to the Corporate Affairs Commission continued in existence by this Act shall, after the commencement of the Corporate Affairs Commission (Amendment) Act 1987 , be construed as a reference to the Corporate Affairs Commission constituted by this Act, as in force after that commencement.
(1) A person who, immediately before the commencement of the Corporate Affairs Commission (Amendment) Act 1987 , held office as a Commissioner of the old Commission:(a) shall cease to hold office as such on that commencement, and(b) is not entitled to be paid any remuneration or compensation by reason of ceasing to hold that office.
(2) A reference in this Act to a person appointed for the purposes of this Act includes a reference to a Commissioner of the old Commission.
(3) A reference in any Act, by-law, regulation, order or statutory or other instrument to a Commissioner or member, or the Chairman, of the old Commission shall be construed as a reference to the Commissioner for Corporate Affairs.
(1) The person who, immediately before the commencement of the Corporate Affairs Commission (Amendment) Act 1987 , held office as the Chairman of the old Commission:(a) shall be deemed to have been duly appointed on the date of that commencement as the Commissioner for Corporate Affairs,(b) shall be deemed to have been so appointed:(i) on the same terms and conditions as those applicable to the person immediately before that commencement, and(ii) for the residue of the term of office for which the person was appointed, and(c) is eligible for appointment under this Act with effect from the expiration of that term of office or from any later time.
(2) For the purposes of the application of clauses 10 and 11 (1) of Schedule 1A to the person so deemed to have been appointed as Commissioner for Corporate Affairs:(a) previous service in any full-time office constituted by an Act shall be treated as service as Commissioner for Corporate Affairs, and(b) a reference in those provisions to appointment as Commissioner for Corporate Affairs includes a reference to any previous appointments to any such full-time positions.
In this Part:
"new Board" means the Board constituted under Part 3 of this Act.
"old Board" means the Companies Auditors and Liquidators Disciplinary Board
constituted under the repealed Act immediately before its repeal.
"repealed Act" means the Public Accountants Registration Act 1945 as in force
immediately before its repeal.
(1) A provision in any Act that requires anything to be done by a registered company auditor shall be regarded as also permitting that thing to be done by a person who was, immediately before the repeal of the repealed Act, a registered public accountant under the repealed Act.
(2) This clause applies:(a) only for 6 months after the repeal of the repealed Act, and(b) only if the thing required to be done was, immediately before that repeal, required to be done by a registered public accountant.
After the repeal of the repealed Act, a reference in any other Act, in any instrument made under an Act or in any other instrument of any kind to:
(a) a registered public accountant shall be read as a reference to a registered company auditor within the meaning of the Companies (New South Wales) Code , or
(b) the Companies Auditors and Liquidators Disciplinary Board constituted under the Public Accountants Registration Act 1945 shall be read as a reference to that Board constituted under this Act.
(1) A hearing by the old Board commenced but not completed immediately before the repeal of the repealed Act may be completed by the old Board as if the repealed Act had not been repealed and this Act had not been enacted.
(2) A decision of the old Board in such a hearing shall be regarded as a decision of the new Board.
Any action taken by or in relation to the old Board under any law before the repeal of the repealed Act shall, on that repeal, be regarded as having been taken by or in relation to the new Board.