CORPORATIONS (QUEENSLAND) ACT 1990 - As at 1 December 2020 - Act 98 of 1990

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Short title and purposes
2. (Repealed)
• 3 Definitions
• 4 Australian Capital Territory
• 5 This Act and applicable provisions of Queensland not to be affected by later State laws
• 6 Operation of other Queensland laws

PART 2 - THE CORPORATIONS LAW, AND THE CORPORATIONS REGULATIONS, OF QUEENSLAND

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

PART 3 - CITING THE CORPORATIONS LAW AND THE CORPORATIONS REGULATIONS

• 11 Simpler citation of Corporations Law, and Corporations Regulations, of Queensland
• 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 Queensland
• 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PART 6 - (Repealed)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 (Repealed)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 State and Territory Supreme Courts
• 42A Jurisdiction of 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 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 etc.
• 51 Rules of 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 QUEENSLAND

Division 1 - Application of ASIC Act and ASIC Regulations

• 58 Application in Queensland of the ASIC Act
• 59 Application of regulations
• 60 Interpretation of some expressions in the ASIC Law, and the ASIC Regulations, of Queensland
• 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 Queensland
• 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 Queensland
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 Regulation-making power

PART 13 - TRANSITIONAL

Division 1 - Staff

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 (Repealed)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

Division 2 - Cooperative scheme laws

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

Division 3 - Exemptions

• 93 Exempt bodies
94. (Repealed)

Division 4 - Australian Stock Exchange Limited

• 95 Saving of provisions about Australian Stock Exchange Limited

Division 5 - Companies Auditors and Liquidators Disciplinary Board

• 96 Board to continue in existence for certain purposes

Division 6 - Application and saving provisions relating to amendments to this Act

• 96A Interpretation
• 96B Application of jurisdiction amendments—general
• 96C Effect of decision that court did not have jurisdiction
• 96D Effect of absence of decision that court did not have jurisdiction
• 96E Application of section 42AA

Division 7 - Functions of Commonwealth authorities and officers of the Commonwealth

• 96E Definitions
• 96F 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