Victorian Consolidated Legislation

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Companies (Application of Laws) Act 1981 - SECT 34

Special investigations

34. Special investigations



(1) Part VII of the Companies (Victoria) Code applies to and in relation to an
investigation to which Part VIA of the Companies Act 1961 applied immediately
before the commencement of this Act and so applies as if-

   (a)  where an inspector was appointed to carry out the investigation
        pursuant to an application under section 169(1) of the Companies Act
        1961-the inspector was appointed, and the investigation is being
        carried out, pursuant to a direction given pursuant to section 290(4)
        of that Code; and

   (b)  where an inspector was appointed under section 170(1) of the Companies
        Act 1961 to carry out the investigation-the inspector was appointed,
        and the investigation is being carried out, pursuant to a direction
        given in the exercise of a power under section 291(1) of that Code
        otherwise than in response to a request made by the Commission under
        section 291(4) of that Code.

(2) Where, before the commencement of this Act, an act, matter or thing had
been done or had arisen in the course of an investigation to which Part VIA of
the Companies Act 1961 applied immediately before that commencement, that act,
matter or thing shall have the same status, operation and effect in relation
to the investigation after that commencement as if that act, matter or thing
had been done or had arisen after that commencement.

(3) In particular and without affecting the generality of subsection (2), an
order, application, examination, deposition, writ, summons, proceeding,
record, note or report made, effected, issued or given in relation to an
investigation to which Part VIA of the Companies Act 1961 applied immediately
before the commencement of this Act shall have the same status, operation and
effect in relation to the investigation after that commencement as if the
order, application, examination, deposition, writ, summons, proceeding,
record, note or report had been made, effected, issued or given after that
commencement.





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