Victorian Consolidated Legislation

Corporations (Victoria) Act 1990 - SECT 3

Definitions

3. Definitions



(1) In this Act-

applicable provision, in relation to a jurisdiction, means a provision of-

   (a)  the Corporations Law, or Corporations Regulations, of that
        jurisdiction; or

   (b)  the ASIC Law, or ASIC Regulations, of that jurisdiction; or

   (c)  in the case of the Capital Territory-a Commonwealth law as applying,
        of its own force or because of another Commonwealth law, in relation
        to-

   (i)  an offence against; or

   (ii) an act, matter or thing arising under or in respect of- a provision
        that, because of any other application or applications of this
        definition, is an applicable provision of the Capital Territory or any
        other jurisdiction; or

   (d)  in the case of a jurisdiction other than the Capital Territory-a
        Commonwealth law as applying, because of a law of that jurisdiction,
        in relation to-

   (i)  an offence against; or

   (ii) an act, matter or thing arising under or in respect of- a provision
        that, because of any other application or applications of this
        definition, is an applicable provision of that or any other
        jurisdiction;

ASIC Act means the Australian Securities and Investments Commission Act 1989
of the Commonwealth;



ASIC Law has the meaning given by Part 11;





ASIC Law of Victoria means the provisions applying by reason of section 58;



ASIC Regulations has the meaning given by Part 11;



ASIC Regulations of Victoria means the provisions applying by reason of
section 59;





authority, in relation to the Commonwealth, has the same meaning as in Part 8
of the Corporations Act;

Capital Territory means the Australian Capital Territory and the Jervis Bay
Territory;

Commission means the Australian Securities and Investments Commission
established by the ASIC Act;



Commonwealth administrative laws means the following:

   (a)  the Administrative Appeals Tribunal Act 1975 of the Commonwealth
        (excluding Part IVA);

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   (c)  the Freedom of Information Act 1982 of the Commonwealth;

   (d)  the Ombudsman Act 1976 of the Commonwealth;

   (e)  the Privacy Act 1988 of the Commonwealth- and the provisions of the
        regulations in force for the time being under those Acts;

Commonwealth authority means an authority or body (whether incorporated or
not) that is established or continued in existence by or under an Act of the
Commonwealth;

Commonwealth law means any of the written or unwritten laws of the
Commonwealth, including laws about the exercise of prerogative powers, rights
and privileges, other than the Corporations Law of the Capital Territory, the
ASIC Law of the Capital Territory or provisions prescribed, for the purposes
of the definition of Commonwealth law in section 4 of the Corporations Act, by
regulations under section 73 of the Corporations Act;

Commonwealth Minister has the meaning given to "the Minister" by section
80A(2) of the Corporations Law;

co-operative scheme law has the meaning given by section 84;

Corporations Act means the Corporations Act 1989 of the Commonwealth;

Corporations Law has the meaning given by Part 3;

Corporations Law of Victoria means the provisions applying by reason of
section 7;

Corporations Regulations has the meaning given by Part 3;

Corporations Regulations of Victoria means the provisions applying by reason
of section 8;

corresponding law means-

   (a)  an Act of a jurisdiction (other than Victoria) that corresponds to
        this Act; or

   (b)  regulations made under such an Act; or

   (c)  the Corporations Law, Corporations Regulations, ASIC Law, or ASIC
        Regulations, or any other applicable provision, of such a
        jurisdiction; or

   (d)  rules of court made because of such an Act;

* * * * *





Federal Court means the Federal Court of Australia;



Full Court, in relation to a Supreme Court of a State or Territory, includes
any court of the State or Territory to which appeals lie from a single judge
of that Supreme Court;

jurisdiction means a State or the Capital Territory;

law, in relation to the Capital Territory, means a law of or in force in the
Capital Territory;

Minister for this jurisdiction means the Minister;

modifications includes additions, omissions and substitutions;

national scheme law has the meaning given by section 60;

national scheme law of this jurisdiction means:

   (a)  this Act; or

   (b)  the Corporations Law of Victoria; or

   (c)  the ASIC Law of Victoria;

NCSC means the National Companies and Securities Commission;

officer, in relation to the Commonwealth, has the same meaning as in Part 8 of
the Corporations Act;

officer of the Commonwealth has the same meaning as in section 75(v) of the
Constitution of the Commonwealth;

State includes the Northern Territory;

State Family Court, in relation to a State, means a court of that State to
which section 41 of the Family Law Act 1975 of the Commonwealth applies
because of a Proclamation made under section 41(2) of that Act;

Territory does not include the Northern Territory;

this jurisdiction means Victoria.

(2) In this Act, a reference to a Commonwealth Act includes a reference to-

   (a)  that Commonwealth Act as amended and in force for the time being; and

   (b)  an Act passed in substitution for that Act.