CORPORATIONS (VICTORIA) ACT 1990

Victorian Consolidated Legislation

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CORPORATIONS (VICTORIA) ACT 1990

No. 80 of 1990
Version incorporating amendments as at 9 November 2007

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
4. Australian Capital Territory
5. This Act and applicable provisions of Victoria not to be affected by later State laws
6. Operation of other Victorian Laws

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

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

PART 3-CITING THE CORPORATIONS LAW AND THE CORPORATIONS REGULATIONS

11. Simpler citation of Corporations Law, and Corporations Regulations, of Victoria
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 Victoria
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PART 6-Repealed

21. Repealed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 Repealed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 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

Division 3-Takeovers

56A. Proceedings in relation to takeover bids or proposed takeover bids
56B. Supreme Court-limitation of jurisdiction

PART 10-COMPANIES LIQUIDATION ACCOUNT

57. Companies Liquidation Account

PART 11-THE ASIC LAW, AND THE ASIC REGULATIONS,
OF VICTORIA

Division 1-Application of ASIC Act and ASIC Regulations

58. Application in Victoria of the ASIC Act
59. Application of regulations
60. Interpretation of some expressions in the ASIC Law, and the ASIC Regulations, of Victoria
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 Victoria
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 Victoria
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. Repealed
83. Election to preserve benefits in, or remain in, State superannuation scheme

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-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-Amending Acts

96A. Corporations (Victoria) (Amendment) Act 1995.
96B. Effect of decision that court did not have jurisdiction
96C. Effect of absence of decision that court did not have jurisdiction
96D. 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 under Subdivision Act 1988
not to constitute reduction of share capital

PART 15-Repealed

98-100. Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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